Reprint
as at 9 June 2011

(SR 2002/9)
Silvia Cartwright, Governor-General
At Wellington this 5th day of February 2002
Present:
The Right Hon Helen Clark presiding in Council
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
These regulations are administered by the Ministry for the Environment.
Pursuant to section 36(1) of the Energy Efficiency and Conservation Act 2000, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
Minimum energy performance standards
4 Duties of manufacturers and importers
5 Duties of persons dealing directly with consumers
Requirements in relation to labelling
6 Duties of manufacturers and importers
7 Duties of persons dealing directly with consumers
General requirements and exemptions
8 Requirement for representations to be in accordance with standards
9 Requirement to provide information for statistical purposes
10 Requirement for further information
11 Exemption for second-hand items
12 Exemptions for minimal quantities
15 Transitional provisions for pre-existing items
16 Transitional provisions for electric storage water heaters and ballasts for fluorescent lamps
17 Application of regulations to certain items if standard in Schedule 1 or Schedule 2 replaced
18 Application of regulations to certain items if new standard added to Schedule 1 or Schedule 2
Schedule 1
List of product classes subject to minimum energy performance standards and list of applicable standards
Schedule 2
List of product classes subject to mandatory energy performance labelling and list of applicable standards
These regulations are the Energy Efficiency (Energy Using Products) Regulations 2002.
These regulations come into force on 1 April 2002.
In these regulations, unless the context otherwise requires,—
accredited laboratory means—
(a) a laboratory accredited for the relevant test by the Testing Laboratory Registration Council of New Zealand operating as International Accreditation New Zealand; or
(b) an equivalent overseas laboratory recognised by International Accreditation New Zealand under a mutual recognition agreement
AS means Australian Standard
AS/NZS means a joint Australian and New Zealand Standard
Authority means the Energy Efficiency and Conservation Authority established under section 20 of the Energy Efficiency and Conservation Act 2000
consumer means a person who acquires an item for use; but excludes any person who acquires an item for the purpose of—
(a) resupplying the item in trade; or
(b) using the item in a process of production or manufacture
display front means a representation of the front of an item presented for public viewing in a retail outlet
item means an individual product
manufacture includes any modification to an item that affects the item's energy performance characteristics
model means a range of items of the same brand where each item has the same energy performance characteristics
NZS means New Zealand Standard
prescribed form means the form prescribed in the relevant standards
registered in Australia means registered under the laws of any State or Territory of Australia that relate to minimum energy performance standards or mandatory energy performance labelling
sample means an item that is a representative example of a model
second-hand item means an item that has been used by a consumer in New Zealand
standards means the standards for the product classes listed in Schedule 1 or Schedule 2
test report means a report of the test results of a sample that is presented in the prescribed form
working day means any day of the week other than—
(a) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign's birthday, and Labour Day; and
(b) a day in the period commencing with 20 December in a year and ending with 15 January in the following year.
Regulation 3 AS: inserted, on 16 June 2006, by regulation 4 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2006 (SR 2006/149).
Regulation 3 AS/NZS: inserted, on 16 June 2006, by regulation 4 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2006 (SR 2006/149).
Regulation 3 NZS: inserted, on 16 June 2006, by regulation 4 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2006 (SR 2006/149).
(1) A person who manufactures in New Zealand or imports into New Zealand an item in a product class described in Schedule 1, or an assembly that incorporates that item, may not sell that item or the assembly to any other person in New Zealand unless—
(a) the energy performance characteristics of that item comply with the standards for that item's product class; and
(b) the manufacturer or importer completes and submits the prescribed form for that item's product class to the Authority.
(2) The manufacturer or importer must, if the Authority requests, supply a copy of the test report for a sample to the Authority within 5 working days of receiving the request.
(3) Subclause (1)(b) does not apply if the item's model is registered in Australia.
(4) This regulation does not apply if the item is intended to be exported from New Zealand.
A person may not make available for sale, lease, hire, or hire purchase in New Zealand an item in a product class described in Schedule 1, or an assembly that incorporates that item, to a consumer unless the energy performance characteristics of that item comply with the standards for that item's product class.
(1) A person who manufactures in New Zealand or imports into New Zealand an item in a product class described in Schedule 2 may not sell that item to any other person in New Zealand unless—
(a) a label that complies with the standards for that item's product class—
(i) is attached to that item as required by those standards; or
(ii) is supplied with that item along with instructions on how to attach the label to that item as required by those standards; and
(b) the model and brand designations on the label correspond to the model and brand designations of that item; and
(c) the energy performance characteristics information on the label corresponds with the energy performance characteristics for that item; and
(d) the manufacturer or importer completes and submits the prescribed form for that item's product class to the Authority.
(2) The manufacturer or importer must, if the Authority requests, supply a copy of the test report for a sample to the Authority within 5 working days of receiving the request.
(3) Subclause (1)(d) does not apply if the item's model is registered in Australia.
(4) This regulation does not apply if the item is intended to be exported from New Zealand.
(1) A person may not make available for sale, lease, hire, or hire purchase in New Zealand an item in a product class described in Schedule 2 to a consumer unless—
(a) a label that complies with the standards for that item's product class is attached to that item and to any display front as required by those standards; and
(b) the model and brand designations on the label correspond to the model and brand designations of that item.
(2) Despite anything in subclause (1), if a person who is selling, leasing, or hiring out an item received from another person in a packaged form does not unpack the item before supplying that item to a consumer, a label need not be attached to that item, but the label must be supplied to the consumer with that item.
(1) This regulation applies if—
(a) representations are made about a model that is in a product class described in Schedule 1 or Schedule 2; and
(b) those representations are made—
(i) in trade; or
(ii) in connection with—
(A) the sale of an item of the model to a person in New Zealand; or
(B) the lease, hire, or hire purchase of an item of the model by a person in New Zealand.
(2) If this regulation applies, a person may not make—
(a) a representation about the energy performance characteristics of the model that is inconsistent with the standards for that model; or
(b) a false or misleading representation about the energy performance characteristics of the model.
(3) In this regulation, trade has the same meaning as in section 2(1) of the Fair Trading Act 1986.
(1) A person who manufactures in New Zealand or imports into New Zealand an item in a product class described in Schedule 1 or Schedule 2, or an assembly that incorporates that item, must provide the Authority with the following information every year no later than 4 months after the end of each year:
(a) the number of items of each model that the person sold in New Zealand in that year; and
(b) the number of items of each model that the person exported from New Zealand in that year; and
(c) the number of items of each model that the person imported into New Zealand that year; and
(d) the name of each model that the person discontinued—
(i) manufacturing in that year; or
(ii) exporting in that year; or
(iii) importing in that year; and
(e) a copy of any existing test report, or other energy performance data specified by the Authority, for each model named under paragraph (d).
(2) If asked by the Authority in writing, a person who manufactures in New Zealand or imports into New Zealand an energy-using item must provide the following information no later than 40 working days after receiving the request:
(a) the number of items in each product class specified by the Authority that the person sold to a purchaser in New Zealand in each of the preceding 3 years; and
(b) the energy performance characteristics of the items (as specified in the request).
(3) In this regulation, year means the period from 1 April to 31 March.
If asked by the Authority in writing, a person who manufactures in New Zealand or imports into New Zealand an item in a product class described in Schedule 1 with a rating greater than 30 kW or 30 kVA must provide the Authority with a test report for a sample that is certified by an accredited laboratory within—
(a) 40 working days of receiving the request; or
(b) if the test report must be obtained from an overseas laboratory, 80 working days of receiving the request.
Regulations 4 to 9 and 12 to 16 do not apply to second-hand items.
(1) Regulations 4(2), 6, and 7 do not apply if—
(a) the total quantity of items of the same model manufactured in New Zealand or imported into New Zealand does not exceed 50, regardless of who manufactured or imported the items; and
(b) the manufacturer or importer of the item has completed and submitted to the Authority the form set out in Schedule 3.
(2) Despite subclause (1), if asked by the Authority in writing, the manufacturer or importer of an item must provide the Authority with any information on the energy performance characteristics of the item or items (as specified in the request) no later than 20 working days after receiving the request.
(1) Every person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who—
(a) contravenes any of regulations 4 to 7, 8(2)(a), 9, 10 or 12(2); or
(b) prepares or signs a prescribed form or a form required under regulation 12(1)(b) knowing that the information contained in it, or on which it is based, is false.
(2) Each contravention of any of regulations 4 to 7, 8(2)(a), 9, 10 or 12(2) is a separate offence.
(3) In any prosecution for an offence arising out of the contravention of any of regulations 4 to 7 and 8(2)(a), it is not necessary to prove that the defendant intended to commit the offence.
(4) Every person who contravenes regulation 8(2)(b) commits an offence under the Fair Trading Act 1986 and is liable in accordance with section 40 of that Act.
(1) It is a defence to a prosecution for an offence against regulation 4 if the defendant proves that the defendant—
(a) did not know that the energy performance characteristics of the item did not comply with the standards for that item's product class; and
(b) reasonably relied on information supplied by—
(i) an overseas manufacturer who is the item's manufacturer; or
(ii) a laboratory that has tested a sample for compliance with the relevant standards.
(2) It is a defence to a prosecution for an offence against regulation 5 if the defendant proves that—
(a) the defendant did not know that the energy performance characteristics of the item did not comply with the standards for that item's product class; and
(b) the defendant—
(i) exercised reasonable care to ascertain whether or not the energy performance characteristics of that item complied with the relevant standards; or
(ii) reasonably relied on representations or information from the person who supplied that item to the defendant.
(3) It is a defence to a prosecution for an offence against regulation 6(1)(c) if the defendant proves that the defendant—
(a) did not know that the information on the label did not correspond with the energy performance characteristics for that item; and
(b) reasonably relied on information supplied by—
(i) an overseas manufacturer who is that item's manufacturer; or
(ii) a laboratory that has tested a sample for compliance with the relevant standards.
(4) The defendant may not assert reasonable reliance on another person or laboratory unless—
(a) the defendant has, no later than 7 days before the proceedings, served on the informant a notice in writing that identifies that person; or
(b) the District Court gives leave.
Regulations 4 and 5 do not apply to an item if that item—
(a) was manufactured in New Zealand before 1 July 2002; or
(b) was imported into New Zealand before 1 July 2002.
Despite anything in regulation 15, regulations 4 and 5 do not apply to an electric storage water heater or a ballast for a fluorescent lamp if the heater or ballast was manufactured in, or imported into, New Zealand before 1 February 2003.
Heading: added, on 16 June 2006, by regulation 5 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2006 (SR 2006/149).
(1) This regulation applies to an item if—
(a) the item belongs to a product class listed in Schedule 1 or Schedule 2; and
(b) a standard referred to in the Schedule that applies to the product class is replaced with a new or revised standard; and
(c) the item—
(i) was manufactured in New Zealand before the date on which the new or revised standard was included in the Schedule; or
(ii) was imported into New Zealand before the new or revised standard was included in the Schedule.
(2) Regulations 4 to 7 apply to an item as if the standard had not been replaced by the new or revised standard.
Regulation 17: added, on 16 June 2006, by regulation 5 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2006 (SR 2006/149).
(1) This regulation applies to an item if—
(a) the item belongs to a product class listed in Schedule 1 or Schedule 2; and
(b) a reference to a new standard is added to the Schedule and applies to the product class; and
(c) the item—
(i) was manufactured in New Zealand before the date on which the new standard was added in the Schedule; or
(ii) was imported into New Zealand before the date on which the new standard was added in the Schedule.
(2) Regulations 4 to 7 apply to an item as if the new standard had not been added in the Schedule.
Regulation 18: added, on 16 June 2006, by regulation 5 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2006 (SR 2006/149).
Schedule 1 |
Schedule 1: substituted, on 9 June 2011, by regulation 4 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2011 (SR 2011/129).
| Product class | Minimum energy performance standards (MEPS) | Testing standards | ||
|---|---|---|---|---|
| Ballasts for fluorescent lamps | AS/NZS 4783.2:2002: Performance of electrical lighting equipment—Ballasts for fluorescent lamps—Energy labelling and minimum energy performance standards requirements | AS/NZS 4783.1:2001: Performance of electrical lighting equipment—Ballasts for fluorescent lamps—Method of measurement to determine energy consumption and performance of ballasts lamp circuits | ||
| Chillers | AS/NZS 4776.2:2008: Liquid-chilling packages using the vapour compression cycle—Minimum energy performance standard (MEPS) and compliance requirements | AS/NZS 4776.1.1:2008: Liquid-chilling packages using the vapour compression cycle—Method of rating and testing for performance—Rating; and | ||
AS/NZS 4776.1.2:2008: Liquid-chilling packages using the vapour compression cycle—Method of rating and testing for performance—Testing | ||||
| Close control air conditioners | AS/NZS 4965.2:2008: Performance of close control airconditioners—Minimum energy performance standard (MEPS) requirements | AS/NZS 4965.1:2008: Performance of close control airconditioners—Testing for rating | ||
| Distribution transformers | AS 2374.1.2–2003: Power transformers—Minimum Energy Performance Standard (MEPS) requirements for distribution transformers | AS 2374.1–1997: Power transformers—General | ||
| Dry-type distribution transformers | AS 2374.1.2–2003: Power transformers—Minimum Energy Performance Standard (MEPS) requirements for distribution transformers | AS 2735–1984: Dry-type power transformers | ||
| External power supplies | AS/NZS 4665.2:2005: Performance of external power supplies—Minimum energy performance standard (MEPS) requirements | AS/NZS 4665.1:2005: Performance of external power supplies—Test method and energy performance mark | ||
| Gas water heaters | AS/NZS 4552.2:2010: Gas fired water heaters for hot water supply and/or central heating—Minimum energy performance standards for gas water heaters | AS 4552–2005: Gas fired water heaters for hot water supply and/or central heating | ||
| Household refrigerating appliances | AS/NZS 4474.2:2009: Performance of household electrical appliances—Refrigerating appliances—Energy labelling and minimum energy performance standard requirements | AS/NZS 4474.1:2007: Performance of household electrical appliances—Refrigerating appliances—Energy consumption and performance | ||
| Low-pressure copper thermal storage electric water heaters | AS/NZS 4692.2:2005: Electric water heaters—Minimum Energy Performance Standard (MEPS) requirements and energy labelling | AS/NZS 4692.1:2005: Electric water heaters—Energy consumption, performance and general requirements; or | ||
NZS 4602:1988: Low pressure copper thermal storage electric water heaters | ||||
| Refrigerated display cabinets | AS 1731.14–2003: Refrigerated display cabinets—Minimum energy performance standard (MEPS) requirements | AS 1731 Parts 1 to 13–2003: Refrigerated display cabinets | ||
| Set-top boxes | AS/NZS 62087.2.1:2008: Power consumption of audio, video and related equipment—Minimum energy performance standards (MEPS) requirements for digital television set-top boxes | AS/NZS 62087.1:2010: Power consumption of audio, video and related equipment—Methods of measurement | ||
| Single-phase ducted air conditioners and air-to-air heat pumps | AS/NZS 3823.2:2009: Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements | AS/NZS 3823.1.2:2001: Performance of electrical appliances—Airconditioners and heat pumps—Test methods—Ducted airconditioners and air-to-air heat pumps—Testing and rating for performance; or | ||
AS/NZS 3823.3:2002: Performance of electrical appliances—Airconditioners and heat pumps—Calculation of performance for minimum energy performance standard (MEPS) requirements | ||||
| Single-phase non-ducted air conditioners and heat pumps | AS/NZS 3823.2:2009: Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements | AS/NZS 3823.1.1:1998: Performance of electrical appliances—Airconditioners and heat pumps—Non-ducted airconditioners and heat pumps—Testing and rating for performance; or | ||
AS/NZS 3823.3:2002: Performance of electrical appliances—Airconditioners and heat pumps—Calculation of performance for minimum energy performance standard (MEPS) requirements | ||||
| Storage water heaters (electrically heated) | AS/NZS 4692.2:2005: Electric water heaters—Minimum Energy Performance Standard (MEPS) requirements and energy labelling | AS/NZS 4692.1:2005: Electric water heaters—Energy consumption, performance and general requirements; or | ||
NZS 4606.1:1989: Storage water heaters—General requirements | ||||
| Three-phase air conditioners and heat pumps | AS/NZS 3823.2:2009: Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements | AS/NZS 3823.1.2:2001: Performance of electrical appliances—Airconditioners and heat pumps—Test methods—Ducted airconditioners and air-to-air heat pumps—Testing and rating for performance; or | ||
AS/NZS 3823.3:2002: Performance of electrical appliances—Airconditioners and heat pumps—Calculation of performance for minimum energy performance standard (MEPS) requirements | ||||
| Three-phase cage induction motors | AS/NZS 1359.5:2004: Rotating electrical machines—General requirements—Three-phase cage induction motors—High efficiency and minimum energy performance standards requirements | AS/NZS 1359.102.3:2000: Rotating electrical machines—General requirements—Methods for determining losses and efficiency—Three-phase cage induction motors | ||
| Tubular fluorescent lamps | AS/NZS 4782.2:2004: Double-capped fluorescent lamps—Performance specifications—Minimum Energy Performance Standard (MEPS) | AS/NZS 4782.1:2004: Double-capped fluorescent lamps—Performance specifications—General |
Schedule 2 |
Schedule 2: substituted, on 9 June 2011, by regulation 4 of the Energy Efficiency (Energy Using Products) Amendment Regulations 2011 (SR 2011/129).
| Product class | Mandatory energy performance labelling | Testing standards | ||
|---|---|---|---|---|
| Clothes washing machines | AS/NZS 2040.2:2005: Performance of household electrical appliances—Clothes washing machines—Energy efficiency labelling requirements | AS/NZS 2040.1:2005: Performance of household electrical appliances—Clothes washing machines—Methods for measuring performance, energy and water consumption | ||
| Dishwashers | AS/NZS 2007.2:2005: Performance of household electrical appliances—Dishwashers—Energy efficiency labelling requirements | AS/NZS 2007.1:2005: Performance of household electrical appliances—Dishwashers—Methods for measuring performance, energy and water consumption | ||
| Household refrigerating appliances | AS/NZS 4474.2:2009: Performance of household electrical appliances—Refrigerating appliances—Energy labelling and minimum energy performance standard requirements | AS/NZS 4474.1:2007: Performance of household electrical appliances—Refrigerating appliances—Energy consumption and performance | ||
| Rotary clothes dryers | AS/NZS 2442.2:2000: Performance of household electrical appliances—Rotary clothes dryers—Energy labelling requirements | AS/NZS 2442.1:1996: Performance of household electrical appliances—Rotary clothes dryers—Energy consumption and performance | ||
| Single-phase non-ducted air conditioners and air-to-air heat pumps | AS/NZS 3823.2:2009: Performance of electrical appliances—Airconditioners and heat pumps—Energy labelling and minimum energy performance standard (MEPS) requirements | AS/NZS 3823.1.1:1998: Performance of electrical appliances—Airconditioners and heat pumps—Non-ducted airconditioners and heat pumps—Testing and rating for performance |
Schedule 3 |
I am importing (or manufacturing) a model in a quantity of [number] items or less.
Name of person making this declaration:
Name of company:
Business address:
Suburb/town:
Supplier contact:
Position/title:
Phone:
Fax:
Email:
Brand name:
Model name:
Model number or family number:
Country of manufacture:
Serial numbers of items for which exemption is being claimed:
I declare that the details stated above are true and correct.
Signature of declarant:
[Date]
Marie Shroff,
Clerk of the Executive Council.
Date of notification in Gazette: 7 February 2002.
(SR 2004/273)
Silvia Cartwright, Governor-General
At Wellington this 30th day of August 2004
Present:
Her Excellency the Governor-General in Council
Pursuant to section 36(1) of the Energy Efficiency and Conservation Act 2000, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.
(1) These regulations are the Energy Efficiency (Energy Using Products) Amendment Regulations 2004.
(2) In these regulations, the Energy Efficiency (Energy Using Products) Regulations 2002 (SR 2002/9) are called “the principal regulations”
.
These regulations come into force on the 28th day after the date of their notification in the Gazette.
Regulations 4 and 5 of the principal regulations do not apply to the items in the product classes described in the Schedule if the item concerned was manufactured in, or imported into, New Zealand before 1 October 2004.
Diane Morcom,
Clerk of the Executive Council.
Date of notification in Gazette: 2 September 2004.
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
This is a reprint of the Energy Efficiency (Energy Using Products) Regulations 2002. The reprint incorporates all the amendments to the regulations as at 9 June 2011, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/
.
Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/
or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as “of this section”
and “of this Act”
)
•typeface and type size (Times Roman, generally in 11.5 point)
•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as “the 1st day of January 1999”
is now expressed as “1 January 1999”
)
•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).