Electricity (Safety) Amendment Regulations 2012

2012/279

Coat of Arms of New Zealand

Electricity (Safety) Amendment Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 24th day of September 2012

Present:
The Right Hon John Key presiding in Council

Pursuant to section 169 of the Electricity Act 1992, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title

2 Commencement

3 Principal regulations

Amendments to Part 1

4 Regulation 4 amended (Interpretation)

5 New regulation 6A inserted (Meaning of low-risk, high-risk, and general prescribed electrical work)

6 Regulation 10 and cross-heading replaced

7 Consequential amendments relating to amendment to regulation 10

8 Regulation 12 amended (Infringement offences)

Amendments to Part 2

9 New regulation 14A inserted (Manufacturer's instructions)

10 New regulation 18A inserted (Signs when carrying out prescribed electrical work)

Amendment to Part 5

11 Regulations 57 to 74 and cross-headings replaced

Domestic wiring exemption

Certified designs for installations

Rules for low and extra-low voltage installations

Rules for high voltage installations

Testing prescribed electrical work

Certifying prescribed electrical work

Inspecting prescribed electrical work

Connection to power supply after prescribed electrical work

Reconnection when no general or high-risk prescribed electrical work done

Certifying installations

Record-keeping

Miscellaneous

Amendment to Part 6

12 Regulation 83 amended (Supplier declaration of conformity required before sale of declared medium risk articles)

Amendment to Part 7

13 Regulation 99 amended (Fees payable to Board)

Amendments to Part 9

14 Regulation 109 amended (Secretary's power to exempt from requirements)

15 New regulations 111A to 111C inserted

16 New regulations 112A and 112B and cross-heading inserted

Transitional provisions

17 Application of amendments made by these regulations

Schedules

18 Schedule 6 replaced

19 New Schedule 7 inserted

Schedule
New Schedules 6 and 7


Regulations

1 Title
  • These regulations are the Electricity (Safety) Amendment Regulations 2012.

2 Commencement
  • These regulations come into force on 1 July 2013.

3 Principal regulations

Amendments to Part 1

4 Regulation 4 amended (Interpretation)
  • (1) In regulation 4(1), insert in their appropriate alphabetical order:

    certified design means a design for an installation that has been certified in accordance with regulation 58

    electrical safety certificate means a certificate, issued under regulation 74A, regarding the electrical safety of an installation or part installation that is connected to a power supply

    general prescribed electrical work has the meaning set out in regulation 6A(3)

    high-risk prescribed electrical work has the meaning set out in regulation 6A(2)

    level 1 penalty has the meaning set out in regulation 10(1)

    level 2 penalty has the meaning set out in regulation 10(2)

    location, for the purpose of identifying on a certified design, certificate of compliance, or electrical safety certificate the location of an installation or part installation, has the meaning set out in regulation 74I

    low-risk prescribed electrical work has the meaning set out in regulation 6A(1)

    maintenance includes repair.

    (2) In regulation 4(1), revoke the definitions of declaration of conformity, grade A offence, and grade B offence.

    (3) In regulation 4(1), replace the definition of certificate of compliance with:

    certificate of compliance means a certificate, issued under regulation 65, regarding the lawfulness and safety of prescribed electrical work done on an installation or part installation.

    (4) In regulation 4(1), definition of install, after alter,, insert relocate,.

    (5) In regulation 4(1), definition of installation, after of the Act, insert , and part installation means any part of an installation.

    (6) In regulation 4(1), definition of main earthing system, replace paragraph (b) with:

    • (b) comprises an earth electrode, an earthing conductor that is connected between that earth electrode and a MEN switchboard, and a removable link between the neutral and earth conductors within that MEN switchboard.

    (7) In regulation 4(1), definition of mains work, paragraph (b)(ii), after purposes of testing, insert “; or”.

    (8) In regulation 4(1), definition of mains work, after paragraph (b)(ii), insert:

    • (iii) the installation of a revenue meter, but only if the work cannot affect the integrity of the neutral or result in the transposition of the neutral and any active conductor.

5 New regulation 6A inserted (Meaning of low-risk, high-risk, and general prescribed electrical work)
  • After regulation 6, insert:

    6A Meaning of low-risk, high-risk, and general prescribed electrical work
    • (1) In these regulations, low-risk prescribed electrical work means prescribed electrical work that comprises the maintenance or replacement of a fitting in an existing installation.

      (2) In these regulations, high-risk prescribed electrical work means prescribed electrical work (not being low-risk prescribed electrical work) on an installation that—

      • (a) comprises or includes the installation of any of the following:

        • (i) an extra-low or low voltage installation that does not, or will not, comply with Part 2 of AS/NZS 3000:

        • (ii) an installation that operates, or will operate, at high voltage (other than high voltage discharge lighting):

        • (iii) a mains parallel generation system:

        • (iv) a photovoltaic system:

        • (v) an installation that is, or will be, located in a hazardous area:

        • (vi) an installation located in a mine (as defined in regulation 3 of the Health and Safety in Employment (Mining Administration) Regulations 1996):

        • (vii) an installation that is, or is intended, for use with electrical medical devices; or

      • (b) is mains work; or

      • (c) is work on animal stunning appliances or meat conditioning appliances.

      (3) In these regulations, general prescribed electrical work means any prescribed electrical work on an installation that is neither low-risk prescribed electrical work nor high-risk prescribed electrical work.

      (4) To avoid doubt, work done on an installation by a person acting under the exemption in section 79 of the Act (exemption for domestic electrical wiring work) is not categorised as low-risk, high-risk, or general prescribed electrical work, unless, in order to comply with regulation 57, the work is required to be certified, in which case the work is categorised in accordance with subclauses (1) to (3).

6 Regulation 10 and cross-heading replaced
  • Replace regulation 10 and the cross-heading above it with:

    Penalty levels

    10 Level 1 and level 2 penalties defined
    • (1) A level 1 penalty is,—

      • (a) in the case of an individual, a fine not exceeding $2,000; and

      • (b) in any other case, a fine not exceeding $10,000.

      (2) A level 2 penalty is,—

      • (a) in the case of an individual, a fine not exceeding $10,000; and

      • (b) in any other case, a fine not exceeding $50,000.

7 Consequential amendments relating to amendment to regulation 10
8 Regulation 12 amended (Infringement offences)
  • (1) In regulation 12(2), replace a grade A offence with an offence punishable by a level 2 penalty.

    (2) In regulation 12(3), replace a grade B offence with an offence punishable by a level 1 penalty.

    (3) In regulation 12(4), replace a grade A offence with an offence punishable by a level 2 penalty.

Amendments to Part 2

9 New regulation 14A inserted (Manufacturer's instructions)
  • After regulation 14, insert:

    14A Manufacturer's instructions
    • (1) This regulation applies if a manufacturer or importer supplies a fitting or appliance with manufacturer's instructions that—

      • (a) expressly apply in New Zealand; or

      • (b) are silent as to where they apply.

      (2) The manufacturer's instructions must be such that, if the fitting or appliance to which they apply is installed, tested, maintained, or connected in accordance with those instructions, the resulting fitting or appliance will—

      • (a) comply with these regulations; and

      • (b) be electrically safe.

      (3) A person who does any prescribed electrical work involving a fitting or appliance to which manufacturer's instructions apply is entitled (if acting in good faith) to rely on the manufacturer's instructions as complying with subclause (2).

      (4) A manufacturer or importer who supplies a fitting or appliance to which manufacturer's instructions apply commits an offence and is liable on summary conviction to a level 2 penalty if the manufacturer's instructions do not comply with subclause (2).

10 New regulation 18A inserted (Signs when carrying out prescribed electrical work)
  • After regulation 18, insert:

    18A Signs when carrying out prescribed electrical work
    • (1) While a person is carrying out prescribed electrical work on an installation, the person must, if there is a reasonable risk associated with the work of injury to any person from electric shock, erect or affix the sign referred to in subclause (2) at each access point to the area in which the work is carried out.

      (2) The Secretary must give notice in the Gazette of the sign that is required for the purposes of subclause (1).

      (3) A person who carries out prescribed electrical work on an installation commits an offence and is liable on summary conviction to a level 1 penalty if he or she fails to comply with subclause (1).

Amendment to Part 5

11 Regulations 57 to 74 and cross-headings replaced
  • Replace regulations 57 to 74 and any cross-headings above those regulations with:

    Domestic wiring exemption

    57 Exemption for domestic electrical wiring work
    • (1) A person who carries out prescribed electrical work in reliance on the exemption in section 79 of the Act (exemption for domestic electrical wiring work) must carry it out, and test the work, in accordance with ECP 51.

      (2) For the purposes of section 79(1)(a) of the Act, the domestic electrical wiring work that an owner of premises may do is work of any type described in subclause (3) on a domestic installation that has a maximum demand at or below—

      • (a) 80 amperes per phase if single-phase; or

      • (b) 50 amperes per phase if multi-phase.

      (3) The work to which subclause (2) relates is any of the following:

      • (a) removing and replacing fuse links:

      • (b) connecting and disconnecting fixed-wired appliances:

      • (c) relocating existing switches, socket-outlets, and lighting outlets that are supplied with electricity by tough plastic-sheathed cables:

      • (d) removing and replacing any of the following kinds of fittings (but only if the work does not involve work on a switchboard):

        • (i) switches, socket-outlets, and light fittings:

        • (ii) permanent connection units, ceiling roses, cord-grip lampholders, and flexible cords connected to any of them:

        • (iii) batten holders:

        • (iv) water heater switches:

        • (v) thermostats:

        • (vi) elements:

      • (e) installing, extending, and altering subcircuits (including submains), but only if—

        • (i) the person does not enter (whether directly, or by holding any material or equipment, or otherwise) any enclosure where live conductors are likely to be present; and

        • (ii) the work is tested and certified in accordance with Part 2 of AS/NZS 3000, before being connected to a power supply, by a person authorised to inspect mains work.

    Certified designs for installations

    58 Certified designs
    • (1) A design for an installation or part installation is a certified design if—

      • (a) it identifies the location or proposed location of the installation or part installation; and

      • (b) it identifies the standards (if any) with which the installation or proposed installation, or part installation or proposed part installation, complies or is intended to comply; and

      • (c) the person who prepared the design signs and dates it.

      (2) A certified design for an installation or part installation must be such that, if it is installed, tested, inspected, and connected in accordance with the design, the resulting installation or part installation will—

      • (a) comply with these regulations; and

      • (b) be electrically safe, as required by regulation 14.

      (3) A person who installs, tests, inspects, or connects an installation or part installation to which a certified design relates is entitled (if acting in good faith) to rely on the design as ensuring that, if the installation or part installation is installed, tested, inspected, and connected in accordance with the design, the resulting installation or part installation will comply with subclause (2).

      (4) A person commits an offence and is liable on summary conviction to a level 2 penalty if the person—

      • (a) falsely certifies a design for an installation or part installation; or

      • (b) certifies a design that does not comply with subclause (2).

    Rules for low and extra-low voltage installations

    59 Low and extra-low voltage installations to comply with AS/NZS 3000
    • (1) Every low or extra-low voltage domestic installation, or part of a domestic installation, must be installed, tested, inspected, and connected so as to comply with Part 2 of AS/NZS 3000 if it has a maximum demand at or below—

      • (a) 80 amperes per phase if single-phase; or

      • (b) 50 amperes per phase if multi-phase.

      (2) Every other low or extra-low voltage installation or part installation must be installed, tested, inspected, or connected so as to comply with either—

      • (a) Part 2 of AS/NZS 3000; or

      • (b) a certified design prepared in accordance with Part 1 of AS/NZS 3000.

      (3) A low voltage or extra-low voltage installation or part installation may be maintained or replaced in all or any of the following ways:

      • (a) in such a way that the installation or part installation complies with Part 1 or Part 2 of AS/NZS 3000:

      • (b) in such a way that the installation or part installation is restored to, or maintained in, its original condition:

      • (c) by complying with all manufacturer's instructions relating to the fittings used in, or affected by, the maintenance or replacement.

      (4) Despite this regulation, low voltage AC railway signalling equipment—

      • (a) must be tested in accordance with ECP 60, and not in accordance with AS/NZS 3000; and

      • (b) if high-risk prescribed electrical work has been done on it, need not be inspected if the installation has been tested in accordance with ECP 60 and the work has been carried out in accordance with AS/NZS 3000.

      (5) This regulation is subject to regulations 60 to 61A.

    60 Certain installations must comply with Part 2 of AS/NZS 3000
    • (1) The following installations or part installations must be installed, tested, inspected, and connected so as to comply with Part 2 of AS/NZS 3000 and also with the standard indicated:

      • (a) an installation or part installation intended for use with electrical medical devices: AS/NZS 3003:

      • (b) an installation or part installation in a hazardous area: AS/NZS 60079.14:

      • (c) a connectable installation or part of a connectable installation in a mobile medical facility: NZS 6115:

      • (d) a connectable installation or part of a connectable installation in a pleasure vessel: AS/NZS 3004.2:

      • (e) all other connectable installations or parts of connectable installations: AS/NZS 3001:

      • (f) a site installation or part of a site installation that—

        • (i) is in a marina: AS/NZS 3004.1; or

        • (ii) is in a show or carnival: AS/NZS 3002; or

        • (iii) is intended to supply connectable installations in mobile medical facilities: NZS 6115; or

        • (iv) is intended to supply any other connectable installation: AS/NZS 3001.

      (2) If any of the following are installed so as to comply with Part 2 of AS/NZS 3000, they must also comply with the standards indicated:

      • (a) a refrigeration system (but not a refrigeration appliance): AS/NZS 1677.2:

      • (b) an animal stunning or meat conditioning system: NZS 6116:

      • (c) a stand-alone power system: AS/NZS 4509.1:

      • (d) a photovoltaic array: AS/NZS 5033:

      • (e) an emergency power supply in a hospital: AS/NZS 3009:

      • (f) a low voltage mains parallel generation system that is connected to the national grid: AS/NZS 3010 and AS 4777.1.

    61 Specific rules for installations under Part 1 of AS/NZS 3000
    • (1) This regulation applies to any low or extra-low voltage installation that is being, or is to be, installed in accordance with a certified design prepared in accordance with Part 1 of AS/NZS 3000, despite anything in that part of AS/NZS 3000.

      (2) If the installation is a 2-wire or a 4-wire installation in which no conductor is earthed,—

      • (a) switches and circuit breakers must be fitted in all conductors used in the installation; and

      • (b) all poles must operate substantially together.

      (3) Switches, fuse links, or circuit breakers must not be inserted into an earthing conductor or into any earthing connection.

      (4) The voltage drop must not be more than 5% under maximum load conditions between the point of supply and—

      • (a) any socket-outlet within an installation operating at standard low voltage; or

      • (b) the supply terminals of any fixed-wired appliance connected to an installation operating at standard low voltage.

    61A Rule about 3-pin flat-pin socket-outlets in low voltage installations
    • (1) If a 3-pin flat-pin socket-outlet that has the dimensions specified in AS/NZS 3112 is, or is to be, installed in a low voltage installation, it must be installed in such a way that—

      • (a) the socket-outlet may be supplied with electricity only at standard low voltage; and

      • (b) the earth-continuity conductor is connected to the slot on the radial line; and

      • (c) the order of connection, in a clockwise direction when the socket-outlet is viewed from the front, is—

        • (i) earth-continuity conductor:

        • (ii) active conductor:

        • (iii) neutral (or other) conductor.

      (2) This regulation applies despite anything in Part 1 or Part 2 of AS/NZS 3000 or in these regulations.

      (3) A person who installs a socket-outlet referred to in subclause (1) otherwise than in accordance with that subclause commits an offence and is liable on summary conviction to a level 2 penalty.

    Rules for high voltage installations

    62 High voltage installations treated as if works
    • (1) All installation, testing, inspection, and connection done on a high voltage installation must be done in accordance with a certified design prepared for the installation.

      (2) Without otherwise limiting the application of this Part to high voltage installations, regulations 34 and 39 to 46 apply to high voltage installations as if references in those regulations to works were references to high voltage installations.

    Testing prescribed electrical work

    63 Testing prescribed electrical work on low and extra-low voltage installations
    • (1) All prescribed electrical work done on a low or extra-low voltage installation or part installation must be tested—

      • (a) for operational safety; and

      • (b) to ensure that the installation or part installation is not electrically unsafe; and

      • (c) as required by regulation 59 or 60, as the case requires; and

      • (d) in the case of an installation or part installation that does not comply with Part 2 of AS/NZS 3000, in accordance with the verification or testing process set out in the certified design for the installation or part installation.

      (2) However, subclause (1) does not apply if the prescribed electrical work is done by a person acting under the exemption in section 79 of the Act (exemption for domestic electrical wiring work) unless, in order to comply with regulation 57, the work is required to be tested.

      (3) A person who fails to test prescribed electrical work as required by this regulation commits an offence and is liable on summary conviction to a level 2 penalty.

    64 Testing prescribed electrical work on high voltage installations
    • (1) Prescribed electrical work done on a high voltage installation must be tested in accordance with regulation 38 as if—

      • (a) references in that regulation to works were references to the installation; and

      • (b) the reference to documentation were a reference to a certificate of compliance, record of inspection, and any other documentation recording tests and test results.

      (2) A person who fails to test prescribed electrical work on a high voltage installation as required by this regulation commits an offence and is liable on summary conviction to a level 2 penalty.

    Certifying prescribed electrical work

    65 Requirement for certificate of compliance
    • (1) A certificate of compliance must be issued in accordance with these regulations for all general and high-risk prescribed electrical work done on an installation or part installation that comprises—

      • (a) the installation or maintenance of conductors used in the installation or part installation; or

      • (b) the installation or maintenance of fittings where the fittings are connected, or intended to be connected, to conductors used in the installation or part installation.

      (2) A person who does low-risk prescribed electrical work may, but is not obliged by these regulations to, issue a certificate of compliance for that work.

      (3) No general prescribed electrical work may be treated as complete until a certificate of compliance is issued for it.

      (4) No high-risk prescribed electrical work may be treated as complete until a certificate of compliance, along with any record of inspection required for the prescribed electrical work, is issued for it.

      (5) For the purposes of issuing a certificate of compliance for prescribed electrical work done on an installation or part installation, or for issuing an electrical safety certificate for an installation or part installation, the person issuing the certificate is entitled (if acting in good faith) to rely on the veracity of any certificates of compliance issued in respect of prescribed electrical work done on the installation or any part of the installation, and on the veracity of any equivalent certificate issued under these regulations before 1 July 2013.

      (6) Despite anything in this regulation, and although the certification, inspection, and supervision of prescribed electrical work is itself prescribed electrical work (by virtue of clause (1)(f) to (h) of Schedule 1), nothing in this clause requires a certificate of compliance to be issued for those kinds of prescribed electrical work.

      (7) Subclauses (1), (3), and (4) do not apply in relation to general or high-risk prescribed electrical work done on an installation or part installation if—

      • (a) the owner or operator of the installation has a maintenance management system in place for the installation; and

      • (b) the maintenance management system ensures that the information required by regulation 67 to be on a certificate of compliance for the work is recorded in relation to all general and high-risk prescribed electrical work done on the installation.

    66 Content of certificate of compliance
    • (1) Every certificate of compliance for prescribed electrical work must—

      • (a) contain a statement confirming that the person issuing the certificate is satisfied that—

        • (i) the prescribed electrical work has been done lawfully and safely; and

        • (ii) the information in the certificate is correct; and

      • (b) provide the information required by regulation 67(1) and (2); and

      • (c) include in or on it the authentication mark, as specified in regulation 111B; and

      • (d) have attached to it a copy of any manufacturer's instructions, supplier declarations of conformity, and certified designs used in the course of the prescribed electrical work.

      (2) For the purposes of a certificate of compliance, prescribed electrical work on an installation or part installation has been done lawfully and safely if—

      • (a) the work has been done as required by these regulations; and

      • (b) the testing required by these regulations has been satisfactorily completed; and

      • (c) the installation or part installation on which the work was done is electrically safe; and

      • (d) the work has not adversely affected the safety of—

        • (i) the installation on which the work was done, or any part of that installation; or

        • (ii) any fittings that form part of the installation on which the work was done.

      (3) If it is impractical to attach a copy of a particular manufacturer's instructions, or of any certified design or supplier declarations of conformity, to a certificate of compliance, the certificate must instead contain a reference to where the documents can be found, in a readily accessible format, through electronic means.

    67 Information recorded on certificate of compliance
    • (1) Every certificate of compliance must record the following:

      • (a) if the work is high-risk work on a low or extra-low voltage installation or part installation, whether the work has been done in accordance with Part 1 of AS/NZS 3000 or in accordance with Part 2 of AS/NZS 3000:

      • (b) whether the work has been done in accordance with the certified design for the installation or part installation:

      • (c) if the work was required to comply with standards other than, or in addition to, Part 1 or Part 2 of AS/NZS 3000, which standards were complied with:

      • (d) whether the work done relied on any manufacturer's instructions:

      • (e) the type of supply system that the installation or part installation is safe to connect to:

      • (f) which parts of the installation, if any, are safe to connect to a power supply.

      (2) Every certificate of compliance must also—

      • (a) identify the location of the installation or part installation on which prescribed electrical work was done; and

      • (b) describe the work done; and

      • (c) give the name of the person issuing the certificate, along with the name of any person who, acting under the supervision of that person, performed any of the prescribed electrical work referred to in the certificate; and

      • (d) give the registration number (if any) of every person referred to in paragraph (c) or, if the person issuing the certificate is acting under an employer licence, the employer's licence number; and

      • (e) give the date or dates on which the work was done, or the period within which it was done; and

      • (f) be signed and dated by the person issuing the certificate.

      (3) The person issuing a certificate of compliance may include any additional information (such as testing results) on the certificate.

    68 Who may issue certificate of compliance
    • A person may issue a certificate of compliance only if—

      • (a) the person is authorised to certify the prescribed electrical work to which the certificate relates; or

      • (b) in the case of prescribed electrical work carried out under an employer licence, the person is authorised to certify the work under the system of operation used by the employer.

    69 Offences relating to certificates of compliance
    • A person commits an offence and is liable on summary conviction to a level 2 penalty if he or she—

      • (a) falsely certifies any prescribed electrical work; or

      • (b) purports to certify prescribed electrical work when the certificate of compliance does not comply with the requirements of regulation 66(1); or

      • (c) issues a certificate of compliance that contains incorrect information; or

      • (d) issues a certificate of compliance in relation to particular prescribed electrical work when not authorised to certify that work.

    Inspecting prescribed electrical work

    70 High-risk prescribed electrical work to be inspected
    • (1) All high-risk prescribed electrical work done on a low or extra-low voltage installation or part installation must be inspected as required by regulation 59 or 60, as the case requires.

      (2) All high-risk prescribed electrical work done on a high voltage installation must be inspected so as to verify that the installation complies with—

      • (a) ECP 34; and

      • (b) regulations 34, 41(1), 42(1), 43(1), and 44(1), as if references in those regulations to works were references to high voltage installations.

      (3) A person inspecting high-risk prescribed electrical work must undertake whatever tests, visual inspection, or other actions are necessary to satisfy the person that—

      • (a) the work has been done in accordance with these regulations; and

      • (b) the installation or part installation on which the work has been done is, and will be when enlivened, electrically safe.

    71 Who may carry out inspection
    • (1) A person may inspect high-risk prescribed electrical work only if—

      • (a) the person is authorised to inspect high-risk prescribed electrical work; or

      • (b) in the case of high-risk prescribed electrical work carried out under an employer licence, the person is authorised to inspect the work under the system of operation used by the employer.

      (2) However, a person may not inspect prescribed electrical work if the person has—

      • (a) personally carried out the work; or

      • (b) supervised someone else carrying out the work; or

      • (c) issued the certificate of compliance for the work.

    72 Record of inspection
    • (1) A person who carries out an inspection of high-risk prescribed electrical work must prepare a written record of the inspection.

      (2) The record of inspection must identify what was inspected and be signed and dated by the person carrying out the inspection.

      (3) The record of inspection must be included in, or attached to, the certificate of compliance for the work.

      (4) If the inspection relates to work covered by more than 1 certificate of compliance, the record of inspection must—

      • (a) identify the certificates of compliance to which it relates; and

      • (b) be included in, or attached to, each or all of those certificates.

    73 Offences relating to inspection
    • A person who inspects prescribed electrical work commits an offence and is liable on summary conviction to a level 2 penalty if he or she—

      • (a) fails to inspect the work sufficiently to be satisfied of the matters in regulation 70(3); or

      • (b) gives a written record of inspection that is false in a material respect.

    Connection to power supply after prescribed electrical work

    73A Before connecting installations to power supply
    • (1) Before connecting to a power supply a low or extra-low voltage installation or part installation on which prescribed electrical work has been done, the person doing the connection must—

      • (a) be satisfied that the installation or part installation is safe to connect; and

      • (b) be satisfied that the testing required by these regulations has been done; and

      • (c) if a certificate of compliance is required for the work, either issue or sight a certificate of compliance issued no earlier than 6 months before the installation or part installation is connected; and

      • (d) if the work is required to be inspected, either inspect the work and complete a record of inspection or sight a record of inspection given by another person no earlier than 6 months before the installation or part installation is connected; and

      • (e) in the case of a low voltage installation or part installation, do all of the following:

        • (i) ensure that the polarity and phase rotation of the supply are correct:

        • (ii) ensure that the protection of the supply is correctly rated:

        • (iii) ensure that the installation or part installation to be connected is compatible with the supply system:

        • (iv) if the supply is from a MEN system, verify that there is a main earthing system.

      (2) Before a person connects a high voltage installation or part installation to a power supply, the person must comply with the requirements of regulation 38(2) as if references in that regulation to works were references to the installation or part installation.

      (3) If the person who connects an installation or part installation has not done the testing required by these regulations personally, the person must sight documentation, signed by the person who did the tests, that sets out what tests were carried out and what the results were.

      (4) A person who undertakes the connection of an installation or part installation is entitled (if acting in good faith) to rely on the veracity of any certificates of compliance relating to prescribed electrical work done on the installation or part installation, and on the veracity of any equivalent certificate issued under these regulations before 1 July 2013.

      (5) To avoid doubt, in this regulation connection refers to the prescribed electrical work that is the final step that will allow electricity to flow in the installation or part installation on which other prescribed electrical work has been done.

    73B Offence relating to connection
    • A person who connects an installation or part installation to a power supply in breach of any requirement of regulation 73A commits an offence and is liable on summary conviction to a level 2 penalty.

    Reconnection when no general or high-risk prescribed electrical work done

    74 Reconnecting or restoring power supply to certain low voltage installations
    • (1) This regulation applies to a low voltage installation or part installation—

      • (a) that has been disconnected or isolated from a power supply; and

      • (b) on which no general or high-risk prescribed electrical work has been done since the last disconnection or isolation.

      (2) If the period since the last disconnection or isolation of the installation or part installation is more than 6 months, the person proposing to reconnect or restore supply must, before doing so, give or sight a certificate issued in accordance with section 3 of AS/NZS 3019 that—

      • (a) was issued no earlier than 6 months before the date of reconnection or restoration of supply; and

      • (b) certifies that the installation or part installation is suitable for continued use; and

      • (c) is given by a person authorised to certify mains work.

      (3) A person reconnecting or restoring supply to an installation or part installation is entitled (if acting in good faith) to rely on a written confirmation by the owner of the installation or part installation that no general or high-risk prescribed electrical work has been done on it since it was last disconnected or isolated.

      (4) A person who reconnects or restores supply to an installation or part installation commits an offence and is liable on summary conviction to a level 2 penalty if he or she fails to comply with subclause (2).

    Certifying installations

    74A Electrical safety certification
    • (1) After prescribed electrical work on an installation or part installation is complete, the person who completed the work must issue an electrical safety certificate for the installation or part installation if the person is satisfied that—

      • (a) the installation or part installation is safe to use, on the grounds that it is electrically safe and complies with these regulations; and

      • (b) where the prescribed electrical work comprised the maintenance or alteration of, or the addition to, the installation or part installation, the work has not adversely affected any other part of the installation.

      (2) For the purposes of subclause (1), if an installation or part installation was disconnected from a power supply while the prescribed electrical work was done, the work is complete only once the installation or part installation is connected or reconnected to a power supply.

      (3) An electrical safety certificate must—

      • (a) include a statement that the person issuing it is satisfied that the installation or part installation is connected to a power supply and is safe to use; and

      • (b) clearly state whether the electrical safety certificate relates to the whole of the installation or just to specified parts of it; and

      • (c) identify the location of the installation or part installation to which it relates; and

      • (d) include or have on it the authentication mark, as specified in regulation 111B; and

      • (e) give the date on which the connection was done; and

      • (f) be signed and dated by the person who did the connection; and

      • (g) give the name and registration number of the person who did the connection or, if that person was acting under an employer licence, the employer's licence number.

      (4) If prescribed electrical work is done without disconnecting the power supply, references in subclause (3)(e) to (g) to connection must be taken to be references to the completion of the work.

      (5) An electrical safety certificate issued for an installation or part installation is, for the purposes of section 19(1)(e) of the Building Act 2004, a certificate that confirms that any prescribed electrical work done on the installation or part installation complies with the building code.

    74B Exception for operators with maintenance management systems
    • If low-risk prescribed electrical work is done on an installation, then despite regulation 74A, an electrical safety certificate does not need to be issued for the installation if—

      • (a) the owner or operator of the installation has a maintenance management system in place for the installation; and

      • (b) the maintenance management system ensures that information equivalent to the information required by regulation 74A(3) is recorded and kept.

    74C Time when electrical safety certificate to be issued
    • A person who issues an electrical safety certificate for an installation or part installation on which prescribed electrical work has been done (other than referred to in regulation 74B) must do so as soon as practicable after the installation or part installation is connected to a power supply, but in any case no later than 20 working days after connection.

    74D Offences relating to electrical safety certificates
    • A person commits an offence and is liable on summary conviction to a level 2 penalty if he or she—

      • (a) issues an electrical safety certificate when not satisfied as required by regulation 74A(1); or

      • (b) issues an electrical safety certificate that does not comply with regulation 74A(3); or

      • (c) fails to issue an electrical safety certificate, if required to, within the time required by regulation 74C.

    Record-keeping

    74E What happens to certificates of compliance
    • (1) In this regulation,—

      certificate of compliance includes any record of inspection included in, or attached to, a certificate of compliance issued under regulation 66

      responsible person, in relation to a certificate of compliance, means—

      • (a) the person who issued it; or

      • (b) if the person who issued the certificate of compliance was acting under an employer licence, the holder of the employer licence; or

      • (c) if a record of inspection is included in, or attached to, the certificate of compliance, the person who inspected the work and provided the record of inspection.

      (2) The responsible person must provide a copy of the certificate of compliance for prescribed electrical work to the person who contracted for the work or, if that person is not readily available, to the occupier or owner of the place or thing in which the installation or part installation is located.

      (3) The responsible person must retain a copy, whether in hard copy or electronically, of every certificate of compliance for at least 7 years.

      (4) A responsible person must, on request by any of the following, provide a copy of the certificate to the requester within 10 working days after the request:

      • (a) the Secretary:

      • (b) the Board:

      • (c) the Registrar:

      • (d) the territorial authority of the place where the prescribed electrical work was done:

      • (e) the person who contracted for the work:

      • (f) the owner or occupier of the place or thing in which the installation or part installation is located.

      (5) The owner or occupier of an installation to which regulation 65(7) applies must, on request by any of the following, provide a copy of that information, or specified parts of that information, to the requester within 10 working days after the request:

      • (a) the Secretary:

      • (b) the Board:

      • (c) the Registrar:

      • (d) the territorial authority of the place where the installation is located.

      (6) Nothing in this regulation prevents a person who issues a certificate of compliance from retaining a copy of the certificate, even if he or she is not the responsible person.

    74F Details of certificates of compliance for high-risk work to be lodged on database
    • (1) The details of a certificate of compliance provided in respect of high-risk prescribed electrical work must be lodged on the database referred to in regulation 112A—

      • (a) by the person who inspected the work; and

      • (b) within 20 working days after the date of the record of inspection.

      (2) The particular details to be lodged, and the manner in which they must be lodged, are as determined by the Secretary.

    74G What happens to electrical safety certificates
    • (1) A person who issues an electrical safety certificate must—

      • (a) provide a copy of it, within 20 working days after it is issued, to the person who contracted for the prescribed electrical work or, if that person is not readily available, to the owner or occupier of the place or thing in which the installation or part installation is located; and

      • (b) retain a copy, whether in hard copy or electronically, for at least 7 years.

      (2) A person who issues an electrical safety certificate must, on request by any of the following, provide a copy of the certificate to the requester within 7 working days after the request:

      • (a) the Secretary:

      • (b) the Board:

      • (c) the Registrar:

      • (d) the territorial authority of the place where the installation is located:

      • (e) the person who contracted for the work:

      • (f) the owner or occupier of the place or thing in which the installation or part installation is located.

      (3) The owner or occupier of an installation to which regulation 74B applies must, on request by any of the following, provide a copy of that information, or specified parts of that information, to the requester within 7 working days after the request:

      • (a) the Secretary:

      • (b) the Board:

      • (c) the Registrar:

      • (d) the territorial authority of the place where the installation is located.

    74H Offences relating to record-keeping
    • A person commits an offence and is liable on summary conviction to a level 2 penalty if he or she fails to comply with any of the requirements of regulations 74E to 74G.

    Miscellaneous

    74I Location of installations
    • For the purpose of identifying on a certified design, certificate of compliance, or electrical safety certificate the location of an installation or part installation, location means,—

      • (a) for an installation or part installation in a permanent location,—

        • (i) if the location has a street address, the street address and, if applicable, the place at that street address where the installation or part installation is located; and

        • (ii) if the location does not have a street address, a description of the place along with some form of specific identification of the location (such as its GPS co-ordinates); or

      • (b) for a connectable installation or part installation, a unique identifier for the connectable installation (such as a chassis number); or

      • (c) for an installation or part installation in a thing that will be, but is not yet, in a permanent location, a unique identifier fixed to the thing for the purpose of identifying the location of the installation or part installation.

Amendment to Part 6

12 Regulation 83 amended (Supplier declaration of conformity required before sale of declared medium risk articles)
  • After regulation 83(3), insert:

    • (3A) For the purposes of issuing a certificate of compliance for prescribed electrical work done on an installation or part installation, or for issuing an electrical safety certificate for an installation or part installation, the person issuing the certificate is entitled (if acting in good faith) to rely on the veracity of any supplier declaration of conformity relating to any articles used in or incorporated into the installation.

Amendment to Part 7

13 Regulation 99 amended (Fees payable to Board)
  • After regulation 99(3)(d), insert:

    • (e) a certificate of compliance is sought within 3 months before the Electricity (Safety) Amendment Regulations 2012 come into force.

Amendments to Part 9

14 Regulation 109 amended (Secretary's power to exempt from requirements)
15 New regulations 111A to 111C inserted
  • After regulation 111, insert:

    111A Consolidation of certificates
    • (1) The following certificates relating to an installation may be consolidated in a single document:

      • (a) any certificates of compliance (including any associated records of inspection) for prescribed electrical work done on all or any part of the installation:

      • (b) any electrical safety certificates for the whole or any part of the installation.

      (2) Where certificates are consolidated—

      • (a) if any of the information required by these regulations for each certificate is the same, that information need not be repeated in the consolidated document; and

      • (b) the authentication mark needs to be included in or on the document only once.

    111B Authentication mark
    • The authentication mark required by regulations 66 and 74A to be included in or on a certificate of compliance and an electrical safety certificate must—

      • (a) be in the form illustrated in Schedule 7; and

      • (b) be of a size, and be placed, so that it is easily visible on the front, or near the top, of the certificate.

    111C Offences relating to application of authentication mark
    • A person commits an offence and is liable on summary conviction to a level 2 penalty if he or she includes in or on a document a mark in the form illustrated in Schedule 7 and the document—

      • (a) is not, but could reasonably be mistaken for being, a certificate of compliance or an electrical safety certificate; or

      • (b) is, or could reasonably be mistaken for being, advertising material.

16 New regulations 112A and 112B and cross-heading inserted
  • After regulation 112, insert:

    Recording certificate details

    112A Database for recording certificate details on Internet site
    • The Secretary must ensure that there is included on an Internet site, maintained by or on behalf of the Secretary, a database that records details of the following, in a manner that enables the information to be accessible in accordance with regulation 112B:

      • (a) all certificates of compliance (including records of inspection) given for high-risk prescribed electrical work:

      • (b) any other certificates as determined by the Secretary.

    112B Access to database
    • (1) The Secretary must ensure that the database referred to in regulation 112A is accessible to members of the public at all reasonable times.

      (2) The database must be able to be searched by members of the public only by reference to the location (as defined in regulation 74I) of the relevant installation.

      (3) However, the Secretary must ensure that the Secretary and the Board are able to search the database by reference to whatever search criteria the Secretary determines will best enable the Secretary and the Board to fulfil their functions under the Act and these regulations.

Transitional provisions

17 Application of amendments made by these regulations
  • (1) In this regulation,—

    new regulations means the principal regulations as amended by these regulations

    old regulations means the principal regulations as they were immediately before these regulations came into force.

    (2) The new regulations apply to all prescribed electrical work that is started on or after these regulations come into force.

    (3) Prescribed electrical work on an installation or part installation that is in progress when these regulations come into force may, after these regulations come into force, be continued and completed under either the old regulations or the new regulations, but,—

    • (a) if the new regulations are applied, they must continue to be applied to all stages of the work (such as testing, inspection, connection, and certification) until the work is finished, and an electrical safety certificate must be issued for the installation or part installation after it is connected to a power supply; and

    • (b) if the old regulations continue to be applied,—

      • (i) an electrical safety certificate may, but need not, be issued; and

      • (ii) if the work is high-risk prescribed electrical work, details of the work may, but need not, be recorded in the certification database.

Schedules

18 Schedule 6 replaced
19 New Schedule 7 inserted

Schedule
New Schedules 6 and 7

rr 18, 19

Schedule 6
Prescribed fees payable to Board

r 99

Function Proposed fee
($) (GST inclusive)
Application for registration 175
Application for registration (overseas-trained) 350
Application for provisional licence 91
Application for limited certificate 91
Registration certificate 57
Replacement certificate or licence 57
Certified copy of entry in register 57
Restoration of name to register 114
Application for employer licence 2,470
Application for written examination entry 85
Application for remarking examination 85
Return of examination script 85
Application for late examination 85
Application for practice assessment 85
Annual practising licence applied for electronically 60
Annual practising licence applied for manually 95

Schedule 7
Authentication mark

r 111B

.

 Rebecca Kitteridge,
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, which come into force on 1 July 2013, amend the Electricity (Safety) Regulations 2010 (the principal regulations).

The main amendments relate to certification following prescribed electrical work on installations. Prescribed electrical work is to be categorised as low-risk, high-risk, or general. Certificates of compliance will be required for all high-risk and general prescribed electrical work, and such work is not to be treated as complete until the certificate is issued. Certificates of compliance for low-risk prescribed electrical work are optional. The forms for certificates of compliance will no longer need to be purchased from the Electrical Workers Registration Board (the Board), provided they comply with the requirements of the regulations. Details of the certificates of compliance for high-risk prescribed electrical work must be recorded on a database to be established by the chief executive of the Ministry of Business, Innovation, and Employment.

A new requirement is that, after an installation or part installation is connected to a power supply or otherwise completed following prescribed electrical work, the person who completed the work must issue an electrical safety certificate that confirms that the installation or part installation is safe to use.

Other amendments include the following:

  • introducing a “certified design” to replace the former declarations of conformity:

  • clarifying the role of, and accountability for, manufacturers' instructions supplied with electrical equipment:

  • clarifying that people who act in good faith can rely on the veracity of various certificates and statements made by others:

  • introducing an authentication mark, which must be used on certificates of compliance and electrical safety certificates:

  • amending the fees payable to the Board:

  • revising the terminology relating to penalties, without changing the penalty levels:

  • minor technical changes.


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

Date of notification in Gazette: 27 September 2012.

These regulations are administered by the Ministry of Business, Innovation, and Employment.