Gas (Dispute Resolution Scheme Membership) Class Exemption Regulations 2014

2014/230

Coat of Arms of New Zealand

Gas (Dispute Resolution Scheme Membership) Class Exemption Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 7th day of July 2014

Present:
The Right Hon John Key presiding in Council

Pursuant to sections 43EA(3)(a), 43S(1)(fa), and 54(1)(t) of the Gas Act 1992, His Excellency the Governor-General makes the following regulations, acting—

  • (a) on the advice and with the consent of the Executive Council; and

Regulations

1 Title
  • These regulations are the Gas (Dispute Resolution Scheme Membership) Class Exemption Regulations 2014.

2 Commencement
  • These regulations come into force on 7 August 2014.

3 Interpretation
  • (1) In these regulations, unless the context otherwise requires,—

    Act means the Gas Act 1992

    aerosol dispenser means a container that—

    • (a) is not refillable; and

    • (b) incorporates a valve designed to dispense the container's contents as an aerosol; and

    • (c) contains a compressed gas

    cylinder means a refillable or non-refillable container (even if a cryogenic container, but excluding an aerosol dispenser) that is commonly used for storing and transporting compressed gas

    maximum filling ratio, for a cylinder to be charged with the low pressure gas that is liquefied petroleum gas, has the same meaning as in regulation 61(1) of the Hazardous Substances (Compressed Gases) Regulations 2004.

    (2) A term defined in the Act, and used but not defined in these regulations, has the same meaning as in the Act.

4 Gas refuellers who supply LPG in or directly into cylinders and in quantities less than 15 kg
  • Gas retailers need not be a member of the dispute resolution scheme if, or to the extent that, they are gas refuellers who only supply liquefied petroleum gas—

    • (a) to 1 or more other persons for any purpose other than for resupply by the 1 or more other persons; and

    • (b) in or directly into, and at or below the maximum filling ratio of, a cylinder, and in quantities less than 15 kg.

Martin Bell,
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, which come into force on 7 August 2014, are made under the Gas Act 1992 (the Act). They exempt an identified class of gas retailers from the requirement in section 43EA(1) of the Act to be a member of the dispute resolution scheme referred to in section 43E(3) of the Act. That scheme is currently known as the Electricity and Gas Complaints Commissioner (or EGCC) scheme.

The exempted class is gas refuellers who only supply liquified petroleum gas (LPG) in or directly into cylinders (compressed gas containers excluding aerosol dispensers), and in quantities less than 15 kg.

This class exemption is also publicised via the list (of all current exemptions from scheme membership) that section 43EA(7) of the Act requires to be on the Ministry’s Internet site.

Regulatory impact statement

The Ministry of Business, Innovation, and Employment produced a regulatory impact statement on 26 June 2014 to help inform the decisions taken by the Government relating to the contents of these regulations.

A copy of this regulatory impact statement can be found at—


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 10 July 2014.

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