Trans-Tasman Mutual Recognition (Changes to Permanent and Special Exemptions and Special Exemptions Extension) Regulations 2009

2009/71

Crest

Trans-Tasman Mutual Recognition (Changes to Permanent and Special Exemptions and Special Exemptions Extension) Regulations 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 6th day of April 2009

Present:
His Excellency the Governor-General in Council

Pursuant to sections 82 and 83 of the Trans-Tasman Mutual Recognition Act 1997, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, and on the recommendation of the Minister of Commerce, makes the following regulations.

Regulations

1 Title
  • These regulations are the Trans-Tasman Mutual Recognition (Changes to Permanent and Special Exemptions and Special Exemptions Extension) Regulations 2009.

2 Commencement
  • These regulations come into force on 1 May 2009.

3 Amendments to Trans-Tasman Mutual Recognition Act 1997
  • (1) This regulation amends the Trans-Tasman Mutual Recognition Act 1997.

    (2) Schedule 2 is amended by inserting the following item after the item relating to the Arms Act 1983:

    Gas Act 1992, to the extent that it deals with any requirement described in section 10(2) applicable to the sale of—

    • (a) any portable, unflued cabinet heater that is designed for indoor use and operates on liquefied petroleum gas (LPG) using an LPG gas cylinder that is self-contained within the heater:

    • (b) any other gas appliance that operates on LPG unless the appliance has been tested and certified for safe use on universal LPG.

    (3) The item relating to the Gas Act 1992 in Schedule 3 is amended by adding , other than to the extent described in Schedule 2.

4 Extension of special exemptions
  • The exemption period referred to in sections 81 and 82(1) of the Trans-Tasman Mutual Recognition Act 1997 is extended for a period of 12 months, from the beginning of 1 May 2009 to the close of 30 April 2010, in relation to the laws, and the provisions of the laws, specified or described in Schedule 3 of that Act.

Michael Webster,
for Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations come into force on 1 May 2009.

Regulation 3 makes permanent a special exemption from the Trans-Tasman Mutual Recognition Act 1997 of requirements relating to the sale of the following items:

  • certain indoor gas heaters that operate on liquefied petroleum gas (LPG):

  • other gas appliances that operate on LPG except appliances that have been tested and certified for safe use on universal LPG.

The effect is that New Zealand law will continue to apply to the sale of these items.

Regulation 4 extends, for 12 months, the exemption from the Act of the laws set out in Schedule 3 of the Act. The exemption would otherwise expire on 30 April 2009.


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

Date of notification in Gazette: 9 April 2009.

These regulations are administered by the Ministry of Economic Development.