Energy Efficiency (Vehicle Energy Economy Labelling) Regulations 2007

  • Regulation 6(7): editorial change made, on 29 April 2022, under sections 86(1) and 87(l)(i), (ii), and (iv) of the Legislation Act 2019 (2019 No 58). Regulations 9(2), 10, and 11(1)(b): editorial changes made, on 29 April 2022, under sections 86(1) and 87(l)(ii) and (iv) of the Legislation Act 2019 (2019 No 58).
  • Previous title has changed

Version as at 1 April 2022

Coat of Arms of New Zealand

Energy Efficiency (Vehicle Energy Economy Labelling) Regulations 2007

(SR 2007/398)

Regulations name: amended, on 1 April 2022, by regulation 4 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 17th day of December 2007

Present:
His Excellency the Governor-General in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

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

Pursuant to section 36(1) of the Energy Efficiency and Conservation Act 2000, 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 Energy (having satisfied the requirements of section 36(2) of that Act), makes the following regulations.

Regulations

1 Title

These regulations are the Energy Efficiency (Vehicle Energy Economy Labelling) Regulations 2007.

Regulation 1: amended, on 1 April 2022, by regulation 4 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

2 Commencement

These regulations come into force on 7 April 2008.

3 Interpretation

In these regulations, unless the context requires another meaning,—

energy economy information has the meaning given by regulation 7(4)

energy economy label has the meaning given by regulation 6(6)

fuelsaver information has the meaning given by regulation 4

fuelsaver website means the website at www.fuelsaver.govt.nz on the commencement of these regulations, or any website that replaces it

gross laden weight has the same meaning as in section 2(1) of the Land Transport Act 1998

Minister has the same meaning as in section 3 of the Energy Efficiency and Conservation Act 2000

motor cycle has the same meaning as in section 6(1) of the Motor Vehicle Sales Act 2003

motor vehicle—

(a)

has the same meaning as in section 6(1) of the Motor Vehicle Sales Act 2003; but

(b)

includes a road vehicle that is drawn or propelled by mechanical power and is not of a kind ordinarily acquired by consumers for personal, domestic, or household use

motor vehicle trader has the same meaning as in section 7 of the Motor Vehicle Sales Act 2003

person includes a motor vehicle trader

promotional vehicle has the meaning given by regulation 6(2)

sale has the same meaning as in section 6(1) of the Motor Vehicle Sales Act 2003.

Regulation 3 energy economy information (previously fuel economy information): amended, on 1 April 2022, by regulation 5(1) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 3 energy economy label (previously fuel economy label): amended, on 1 April 2022, by regulation 5(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

3A Transitional, savings, and related provisions

The transitional, savings, and related provisions set out in Schedule 1AA have effect according to their terms.

Regulation 3A: inserted, on 1 April 2022, by regulation 6 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

4 Fuelsaver information defined

In these regulations, fuelsaver information, in relation to a motor vehicle, means the following information that is available for the vehicle on the fuelsaver website:

(a)

vehicle make:

(b)

vehicle model:

(ba)

power motive (for example, petrol, electric, plug-in hybrid electric, diesel):

(c)

energy economy (cost per year):

(d)

energy economy (rating out of 6 stars):

(e)

energy economy (litres per 100 km or kilowatt hours per 100 km (whichever applies)):

(ea)

carbon dioxide emissions (rating out of 6 stars):

(eb)

carbon dioxide emissions (grams per km):

(ec)

the rebate or charge applicable to the vehicle as a function of its carbon dioxide emissions:

(f)

basis for calculating energy economy (cost per year):

(g)

reference details.

Regulation 4(ba): inserted, on 1 April 2022, by regulation 7(1) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(c): amended, on 1 April 2022, by regulation 7(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(d): amended, on 1 April 2022, by regulation 7(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(e): replaced, on 1 April 2022, by regulation 7(3) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(ea): inserted, on 1 April 2022, by regulation 7(4) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(eb): inserted, on 1 April 2022, by regulation 7(4) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(ec): inserted, on 1 April 2022, by regulation 7(4) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 4(f): amended, on 1 April 2022, by regulation 7(5) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

5 Motor vehicles to which these regulations apply

These regulations apply to all motor vehicles except—

(a)

motor vehicles with a gross laden weight of more than 3 500 kg; and

(b)

motor cycles.

6 Motor vehicle traders must display energy economy labels for certain motor vehicles on display

(1)

This regulation applies to a motor vehicle if—

(a)

a motor vehicle trader offers the vehicle for sale by displaying it at any location; and

(b)

any fuelsaver information is available for the vehicle when the trader first displays the vehicle.

(2)

This regulation also applies to a motor vehicle if—

(a)

a motor vehicle trader displays the vehicle (promotional vehicle) at any location to promote the sale of any other vehicle of the same or similar type; and

(b)

any fuelsaver information is available for the promotional vehicle when the trader first displays the vehicle.

(3)

However, this regulation does not apply to—

(a)

a motor vehicle offered for sale, if the vehicle is offered for sale only to other motor vehicle traders; or

(b)

a promotional vehicle, if the promotional vehicle is displayed only to promote the sale of any other vehicle or vehicles of the same or similar type to other motor vehicle traders.

(4)

The motor vehicle trader must display at the location an energy economy label for all vehicles to which this regulation applies (whether vehicles offered for sale under subclause (1), promotional vehicles under subclause (2), or both).

(5)

The energy economy label for a vehicle must be displayed—

(a)

clearly and prominently; and

(b)

so that its text can be read from a reasonable distance; and

(c)

so that it obviously relates to the vehicle, for example, by—

(i)

firmly attaching the label to the vehicle so that it is clearly visible from outside the vehicle; or

(ii)

displaying the label on an information stand next to the vehicle.

(6)

In this regulation, energy economy label, in relation to a motor vehicle, means a label—

(a)

printed in the form set out in Part 1 of Schedule 1; and

(b)

that includes the fuelsaver information available for the vehicle when the motor vehicle trader first displays the vehicle (or information updated in accordance with regulation 9 or 10) with that information printed in each appropriate space on the label in a font size appropriate for the size of the space (as in the example set out in Part 2 of Schedule 1); and

(c)

printed in greyscale (as shown in Part 2 of Schedule 1) or using the applicable colour in accordance with subclause (7).

(7)

The energy economy label for a vehicle in a category specified in the first column of the following table must, if not printed in greyscale, be printed using the colour specified opposite that category in the second column (as in the examples set out in Parts 1 to 4 of Schedule 2, as indicated in the third column):

CategoryColourExample
Vehicle that qualifies for a rebategreenPart 1 of Schedule 2
Vehicle that is subject to a charge under the Land Transport (Clean Vehicle Discount Scheme Charges) Regulations 2022redPart 2 of Schedule 2
Vehicle that has already been registered in New ZealandbluePart 3 of Schedule 2
Vehicle that does not otherwise qualify for a rebate and is not subject to a chargebluePart 4 of Schedule 2

Regulation 6 heading: amended, on 1 April 2022, by regulation 8(1) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 6(4): amended, on 1 April 2022, by regulation 8(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 6(5): amended, on 1 April 2022, by regulation 8(3) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 6(6): replaced, on 1 April 2022, by regulation 8(4) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 6(7): inserted, on 1 April 2022, by regulation 8(4) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

7 Persons must display energy economy information for certain motor vehicles offered for sale on websites

(1)

This regulation applies to a motor vehicle if—

(a)

a person offers the vehicle for sale on a website; and

(b)

the principal purpose of the website is to offer goods for sale; and

(c)

any fuelsaver information is available for the vehicle when the person first offers it for sale.

(2)

The person must display on the website the energy economy information for the vehicle.

(3)

The energy economy information must be displayed—

(a)

clearly and prominently on the same webpage as the vehicle; and

(b)

so that its text can be easily read; and

(c)

so that it obviously relates to the vehicle.

(4)

In this regulation, energy economy information, in relation to a motor vehicle, means the fuelsaver information specified in regulation 4(a) to (ec) that is available for the vehicle when the person first offers it for sale (or information updated in accordance with regulation 9 or 10).

Regulation 7 heading: amended, on 1 April 2022, by regulation 9(1) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 7(2): amended, on 1 April 2022, by regulation 9(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 7(3): amended, on 1 April 2022, by regulation 9(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 7(4): amended, on 1 April 2022, by regulation 9(3)(a) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 7(4): amended, on 1 April 2022, by regulation 9(3)(b) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

8 Period for which energy economy label or energy economy information must be displayed

(1)

A motor vehicle trader who displays a motor vehicle to which regulation 6 applies must display the energy economy label for the vehicle at all times while the vehicle is—

(a)

offered for sale by being displayed at the relevant location, in the case of a vehicle offered for sale; or

(b)

displayed at the relevant location to promote the sale of any other vehicle of the same or similar type, in the case of a promotional vehicle.

(2)

A person who offers for sale a motor vehicle to which regulation 7 applies must display the energy economy information for the vehicle at all times while the vehicle is offered for sale on the relevant website.

Regulation 8 heading: amended, on 1 April 2022, by regulation 10(1) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 8(1): amended, on 1 April 2022, by regulation 10(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 8(2): amended, on 1 April 2022, by regulation 10(2) of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

9 Person must update information before specified date

(1)

The Minister may, by notice in the Gazette, specify a date before which any energy economy label or energy economy information must be updated.

(2)

A person who is still required by regulation 8 to display an energy economy label or energy economy information for a motor vehicle must, before the date specified in a notice under subclause (1), update the label or information to set out the fuelsaver information available for the vehicle when the update is made.

Regulation 9(1): amended, on 1 April 2022, by regulation 11 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 9(2): amended, on 1 April 2022, by regulation 11 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

10 Person may update information at any time

A person who is still required by regulation 8 to display an energy economy label or energy economy information for a motor vehicle may, at any time, update the label or information to set out the fuelsaver information available for the vehicle when the update is made.

Regulation 10: amended, on 1 April 2022, by regulation 12 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

11 Strict liability offences

(1)

A person commits an offence who—

(a)

breaches regulation 6, 7, 8, or 9; or

(b)

alters an energy economy label or the energy economy information required to be displayed by these regulations so that the label or information—

(i)

does not comply with regulation 6, 7, 9, or 10; or

(ii)

sets out information that is inconsistent with the fuelsaver information required by regulation 6, 7, 9, or 10.

(2)

A person who commits an offence against subclause (1) is liable on conviction to a fine not exceeding $5,000.

(3)

In any prosecution for an offence against subclause (1), it is not necessary to prove that the defendant intended to commit the offence.

(4)

To avoid doubt, a person does not commit an offence against subclause (1) only because the person displays incorrect information for a motor vehicle, if the information is the fuelsaver information required by regulation 6, 7, 9, or 10.

Regulation 11(1)(b): amended, on 1 April 2022, by regulation 13 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Regulation 11(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 1AA Transitional, savings, and related provisions

r 3A

Schedule 1AA: inserted, on 1 April 2022, by regulation 14 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Part 1 Provision relating to Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022

Schedule 1AA Part 1: inserted, on 1 April 2022, by regulation 14 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

1 References to previous Title

Every reference in any enactment and in any document to the Energy Efficiency (Vehicle Fuel Economy Labelling) Regulations 2007 must, unless the context otherwise provides, be read as a reference to the Energy Efficiency (Vehicle Energy Economy Labelling) Regulations 2007.

Schedule 1AA clause 1: inserted, on 1 April 2022, by regulation 14 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Schedule 1 Form of energy economy label and example of energy economy label (greyscale)

r 6(6)(a), (c)

Schedule 1: replaced, on 1 April 2022, by regulation 15 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Part 1 Form of energy economy label

Schedule 1 Part 1 heading: inserted, on 1 April 2022, by regulation 15 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Form of energy economy label

Part 2 Example of energy economy label (greyscale)

Schedule 1 Part 2 heading: inserted, on 1 April 2022, by regulation 15 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Example of energy economy label (greyscale)

Schedule 2 Energy economy label (colour) example

r 6(7)

Schedule 2: replaced, on 1 April 2022, by regulation 16 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Part 1 Vehicle that qualifies for rebate

Schedule 2 Part 1 heading: inserted, on 1 April 2022, by regulation 16 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Vehicle that qualifies for rebate

Part 2 Vehicle subject to charge

Schedule 2 Part 2 heading: inserted, on 1 April 2022, by regulation 16 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Vehicle subject to charge

Part 3 Vehicle already registered in New Zealand

Schedule 2 Part 3 heading: inserted, on 1 April 2022, by regulation 16 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Vehicle already registered in New Zealand

Part 4 Vehicle not otherwise qualifying for rebate and not subject to charge

Schedule 2 Part 4 heading: inserted, on 1 April 2022, by regulation 16 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Vehicle not otherwise qualifying for rebate and not subject to charge

Schedule 3 Example of fuel economy label

[Revoked]

r 6(6)(b)

Schedule 3: revoked, on 1 April 2022, by regulation 17 of the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65).

Rebecca Kitteridge,
for Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 20 December 2007.

Notes
1 General

This is a consolidation of the Energy Efficiency (Vehicle Energy Economy Labelling) Regulations 2007 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022 (SL 2022/65)

Criminal Procedure Act 2011 (2011 No 81): section 413