Electricity (Safety) Regulations 2010

83 Supplier declaration of conformity required before sale of declared medium risk articles

(1)

WorkSafe may declare that particular low voltage or extra-low voltage fittings or appliances, or particular types or classes of low voltage or extra-low voltage fittings or appliances, are medium risk fittings or appliances (in this regulation called declared medium risk articles).

(2)

A declared medium risk article may not be sold, offered for sale, supplied, or offered for supply unless—

(a)

the supplier (being the New Zealand manufacturer or importer) has made a supplier declaration of conformity in respect of the article; or

(b)

the article is deemed to be approved by WorkSafe under regulation 83A and all relevant terms and conditions of the deemed approval are complied with.

(3)

A supplier declaration of conformity must—

(a)

contain a description of the declared medium risk article; and

(b)

contain a statement that the article complies with—

(i)

the appropriate standard listed in Schedule 4; or

(ii)

AS/NZS 3820; or

(iii)

the Conformity Cooperation Agreement; and

(c)
[Revoked]

(d)

be in the form that is prescribed by WorkSafe or, if no form is prescribed, comply with ISO/IEC 17050–1.

(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.

(3B)

A supplier declaration of conformity ceases to be valid (and a new supplier declaration of conformity is required before the article can be sold, supplied, offered for sale, or offered for supply under subclause (2)) if—

(a)

any material change has been made to the article or the article’s product specifications; or

(b)

the statement required by subclause (3)(b) is no longer correct because certification has been withdrawn.

(4)

A person who sells, offers for sale, supplies, or offers for supply a declared medium risk article commits an offence and is liable on conviction to a level 2 penalty

(a)

if, at the time of the sale, offer for sale, supply, or offer for supply,—

(i)

a supplier declaration of conformity for the article has not been made; or

(ii)

the article is not deemed to be approved by WorkSafe under regulation 83A; or

(iii)

the article is deemed to be approved by Worksafe under regulation 83A but all the terms and conditions of the deemed approval have not been complied with; or

(b)

if, within 10 days after being asked by WorkSafe to provide a test report or other document that shows how the article complies with the relevant standard, the person fails to provide a copy of that report or document; or

(c)

if, within 10 days after being asked by WorkSafe or a purchaser or potential purchaser of a declared medium risk article (to which subclause (2)(a) applies) to provide a copy of the supplier declaration, the person fails to provide a copy of the declaration.

(5)

A declaration made under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Compare: SR 1997/60 r 101A

Legislation Act 2019 requirements for secondary legislation made under this regulation
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• publish it in the Gazette with the address of the website where it is published
• publish it on a website maintained by, or on behalf of, WorkSafe
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 83(1): amended, on 28 October 2021, by regulation 83(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 83(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 83(1): amended, on 10 November 2011, by regulation 34(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 83(2): replaced, on 1 February 2014, by clause 13(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 83(3)(c): revoked, on 10 November 2011, by regulation 34(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 83(3)(d): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 83(3A): inserted, on 1 July 2013, by regulation 12 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 83(3B): inserted, on 1 February 2014, by clause 13(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 83(4): substituted, on 10 November 2011, by regulation 34(3) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 83(4): amended, on 1 February 2014, by clause 13(3) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 83(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 83(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 83(4)(a): replaced, on 1 February 2014, by clause 13(4) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 83(4)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 83(4)(c): amended, on 1 February 2014, by clause 13(5) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 83(4)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 83(5): inserted, on 28 October 2021, by regulation 83(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).