Gas Amendment Regulations 2004

  • revoked
  • Gas Amendment Regulations 2004: revoked, on 4 May 2010, pursuant to regulation 92 of the Gas (Safety and Measurement) Regulations 2010 (SR 2010/76).

Reprint
as at 4 May 2010

Gas Amendment Regulations 2004

(SR 2004/229)

  • Gas Amendment Regulations 2004: revoked, on 4 May 2010, pursuant to regulation 92 of the Gas (Safety and Measurement) Regulations 2010 (SR 2010/76).


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These regulations are administered by the Ministry of Economic Development.


Pursuant to sections 54 and 55 of the Gas Act 1992, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Energy after consultation in accordance with section 54(6) of that Act, makes the following regulations.

1 Title
  • (1) These regulations are the Gas Amendment Regulations 2004.

    (2) In these regulations, the Gas Regulations 19931 are called the principal regulations.

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Interpretation
  • (1) Regulation 2(1) of the principal regulations is amended by revoking the definitions of ISO 17025 and NZS 5262.

    (2) Regulation 2 of the principal regulations is amended by inserting, after subclause (2), the following subclause:

    • (2A) In these regulations,—

      ISO 17025 means the International Organisation for Standardisation Standard known as ISO 17025: ISO/IEC 17025:1999 (General requirements for the competence of testing and calibration laboratories)

      NZS 5258 means the New Zealand Standard known as NZS 5258:2003 (Gas distribution networks)

      NZS 5259 means the New Zealand Standard known as NZS 5259:1997 (Gas measurement)

      NZS 5261 means the New Zealand Standard known as NZS 5261:2003 (Gas installation)

      NZS 5262 means the New Zealand Standard known as NZS 5262:2003 (Gas appliance safety)

      NZS 5435 means the New Zealand Standard known as NZS 5435:1996 (Specification for liquefied petroleum gas (LPG))

      NZS 5442 means the New Zealand Standard known as NZS 5442:1999 (Specification for reticulated natural gas)

      Part 1 of NZS 5425 means Part 1 of the New Zealand Standard known as NZS 5425:1994 (Code of practice for CNG compressor and refuelling stations)

      Part 2 of NZS 5425 means Part 2 of the New Zealand Standard known as NZS 5425:1996 (Code of practice for CNG compressor and refuelling stations)

      Part 3 of NZS 5425 means Part 3 of the New Zealand Standard known as NZS 5425:1984 (Code of practice for CNG compressor and refuelling stations)

      Part 4 of NZS 5425 means Part 4 of the New Zealand Standard known as NZS 5425:1994 (Code of practice for CNG compressor and refuelling stations).

4 New regulation 3 substituted
  • The principal regulations are amended by revoking regulation 3, and substituting the following regulation:

    3 Suitability of gas
    • (1) Natural gas must comply with NZS 5442.

      (2) Liquefied petroleum gas must comply with NZS 5435.

      (3) Any gas (other than natural gas or liquefied petroleum gas) supplied for use in gas installations and gas appliances, or for use as an automotive fuel, must be of a specification that is suitable and safe for those uses.

5 New regulations 6 and 7 substituted
  • The principal regulations are amended by revoking regulations 6 to 8, and substituting the following regulations:

    6 Records and location of distribution systems
    • (1) The operator of a distribution system or of a part of a distribution system must keep records and plans of all aspects of that system or part that are relevant to the safety of that system or part.

      (2) Every operator of a distribution system or of a part of a distribution system is deemed to have complied with subclause (1) in relation to that system or part if the operator has complied with Part 3 of NZS 5258 to the extent that the Part relates to records or plans of distribution systems.

    7 Continuity of supply, safety, and satisfactory operation of distribution systems
    • (1) Every owner and every operator of a distribution system or of a part of a distribution system must take. all practicable steps to ensure that the system or part is designed, constructed, maintained, and operated in a manner that, as far as practicable, achieves continuity of supply, safety, and satisfactory operation.

      (2) Every owner and every operator of a distribution system or of a part of a distribution system who authorises work to be carried out on that system or part must take all practicable steps to ensure that the person or persons who carry out the work are—

      • (a) competent to perform the tasks assigned to them; and

      • (b) familiar with appropriate safety procedures when working with or near gas or fittings.

      (3) Every owner and every operator of a distribution system or of a part of a distribution system is deemed to have complied with subclauses (1) and (2) in relation to that system or part if the owner or operator (as the case may be) has complied with Parts 2 and 3 of NZS 5258.

      (4) Subclause (2) does not limit subclause (1).

6 Measurement of gas
  • (1) Regulation 9(4) of the principal regulations is amended by omitting the words NZS 5425:1984: Part 3: Division 3.3,, and substituting the words Division 3.3 of Part 3 of NZS 5425.

    (2) Regulation 9 of the principal regulations is amended by revoking subclause (7), and substituting the following subclause:

    • (7) Compliance with sections 4, 5, and 6 of NZS 5259 is deemed to be compliance with subclause (6).

7 Testing and installation of gas measurement systems
  • Regulation 10(7) of the principal regulations is amended by omitting the expression NZS 5259:1997, and substituting the expression NZS 5259.

8 New regulation 12 substituted
  • The principal regulations are amended by revoking regulation 12, and substituting the following regulation:

    12 Safety of gas installations
    • (1) Every person who installs a gas installation or a part of a gas installation must install that gas installation or part in accordance with Part 1 of NZS 5261.

      (2) Subclause (3) applies to the following types of installation:—

      • (a) the installation of a gas installation that does not contain appliance with a rated input of more than 250 MJ/h:

      • (b) the installation of a part of a gas installation if the gas installation as a whole does not contain any gas appliance with a rated input of more than 250 MJ/h.

      (3) Every person is deemed to have complied with subclause (1), in relation to an installation to which this subclause applies, if the person has complied with Part 2 of NZS 5261.

      (4) Subclause (5) applies to the following types of installation:

      • (a) the installation of a gas installation that contains a gas appliance with a rated input of 250 MJ/h or more:

      • (b) the installation of a part of a gas installation if the gas installation as a whole contains a gas appliance with a rated input of 250 MJ/h or more.

      (5) Every person is deemed to have complied with subclause (1), in relation to the application of a particular performance requirement of Part 1 of NZS 5261 to an installation to which this subclause applies, if—

      • (a) that particular performance requirement is fully satisfied by 1 or more standards listed in Part 3 of NZS 5261; and

      • (b) the person complies with at least 1 of those standards.

      (6) This regulation does not apply to CNG stations.

9 New regulation 14 substituted
  • (1) The principal regulations are amended by revoking regulation 14, and substituting the following regulation:

    14 Marking of appliances
    • Every gas appliance sold or intended for sale must be marked in accordance with section 5 of NZS 5262.

    (2) Every gas appliance sold for the first time in New Zealand between the commencement of these regulations and the close of 1 August 2005 is deemed to have been marked in accordance with regulation 14 of the principal regulations if the gas appliance is marked in accordance with regulation 14 of the principal regulations as in force immediately before the commencement of these regulations.

    (3) Every gas appliance offered for sale between the commencement of these regulations and the close of 1 August 2005 is deemed, during that period, to have been marked in accordance with regulation 14 of the principal regulations if the gas appliance is marked in accordance with regulation 14 of the principal regulations as in force immediately before the commencement of these regulations.

10 Particular requirements for CNG stations
  • (1) Regulation 18 of the principal regulations is amended by revoking subclause (4), and substituting the following subclause:

    • (4) If a CNG compressor complies with Part 2 of NZS 5425, it is deemed to be safe in all reasonably foreseeable circumstances.

    (2) Regulation 18(5) and (6) of the principal regulations is amended by omitting the words NZS 5425:1994 (Code of Practice for CNG Compressor and Refuelling Stations), and substituting in each case the words NZS 5425.

11 Offences and penalties
  • (1) Regulation 37(1) of the principal regulations is amended by revoking paragraphs (c) and (d), and substituting the following paragraphs:

    • (c) being the owner or operator of a distribution system or of a part of a distribution system, fails to take all practicable steps to ensure that the distribution system or part is designed, constructed, maintained, and operated in a manner that, as far as practicable, achieves continuity of supply, safety, and satisfactory operation; or

    • (d) being the owner or operator of a distribution system or of a part of a distribution system who authorises a person to work on that system or part, fails to take all practicable steps to ensure that the person is competent to perform the tasks assigned to them; or

    • (da) being the owner or operator of a distribution system or of a part of a distribution system who authorises a person to work on that system or part, fails to take all practicable steps to ensure that the person is familiar with appropriate safety procedures when working with or near gas or fittings; or.

    (2) Regulation 37(1) of the principal regulations is amended by revoking paragraph (f), and substituting the following paragraphs:

    • (f) installs or uses a gas measurement system contrary to the requirements of regulation 10; or

    • (fa) installs a gas installation or a part of a gas installation contrary to the requirements of regulation 12; or.

Diane Morcom,

Clerk of the Executive Council.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 5 August 2004.


Contents

  • 1General

  • 2About this eprint

  • 3List of amendments incorporated in this eprint (most recent first)


Notes
1 General
  • This is an eprint of the Gas Amendment Regulations 2004. The eprint incorporates all the amendments to the regulations as at 4 May 2010. The list of amendments at the end of these notes specifies all the amendments incorporated into this eprint since 3 September 2007.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the eprint are also included, after the principal enactment, in chronological order.

2 About this eprint
3 List of amendments incorporated in this eprint (most recent first)
  • Gas (Safety and Measurement) Regulations 2010 (SR 2010/76): regulation 92


  • 1 SR 1993/76