Electricity (Safety) Regulations 2010

Version as at 18 July 2022

Coat of Arms of New Zealand

Electricity (Safety) Regulations 2010

(SR 2010/36)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 1st day of March 2010

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 sections 169, 169A, and 169B 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

1Title
2Commencement
3Application: things these regulations do not apply to
4Interpretation
5Meanings of electrically safe and electrically unsafe
6Prescribed electrical work
6AMeaning of low-risk, high-risk, and general prescribed electrical work
7Connectable installations
8IEC shock current standards
9New Zealand ambient temperature
10Level 1 and level 2 penalties defined
11Strict liability offences
12Infringement offences
13Doing work on works, installations, fittings, and appliances
14Designing works, installations, fittings, and appliances
14AManufacturer’s instructions
15Using works, installations, fittings, appliances, and associated equipment
15AFittings and appliances at rented residential premises
16Minimising risk of contact with live conductive parts
17Maintaining safe distances
18Notices where high voltages used, generated, or transmitted
18ASigns when carrying out prescribed electrical work
19Notifying WorkSafe of danger
20Electrically unsafe works and installations
21Electrically safe single-wire earth return systems [Revoked]
22Electrically unsafe low voltage fittings
23Electrically unsafe appliances
24Electrically unsafe RCDs
24AElectrically unsafe safety-critical equipment
24BElectrically unsafe electrical work in relation to certain mining electrical equipment
25Specific installations, fittings, and appliances deemed to be electrically safe
26When fittings and appliances in use deemed to be electrically safe
27Systems in general
28Voltage supply to installations
29Frequency of electricity supplied
30Requirements relating to safety of electricity supplied
31Requirements relating to quality of supply
32Protection against fault currents
33Requirements relating to construction of, or work in vicinity of, telecommunications equipment
33ALimits of operation of SWER systems in relation to telecommunications
34Protective fittings for works
35Interference with, or movement of, works
36Generating facilities and substations
37Works constructed as low voltage installations
37ATrolley bus supply systems must be treated as works
38Testing works before connecting to supply
39Regulations 40 to 46 do not apply to works covered by audited safety management systems
40Safety checks of works
41Structural loading on works
42Requirements for earthing systems in works
43Isolation fittings for works
44High voltage conductors of overhead electric lines
45Permanent notices on works
46Keeping records and plans
47Overview
48What safety management systems must do
49Substantive requirements of safety management systems
50Documentation of safety management systems
51Audit of safety management systems
52Audit certificate for safety management systems
53Statutory declaration by safety management system operator
54Cancellation of audit certificate
55Certification and declaration deemed to be compliance with section 61A of Act
56Offences by accredited auditors
57Exemption for domestic electrical wiring work
58Certified designs
59Low and extra-low voltage installations to comply with AS/NZS 3000
60Certain installations must comply with Part 2 of AS/NZS 3000
61Specific rules for installations under Part 1 of AS/NZS 3000
61AAInstallations in excavated areas must comply with AS/NZS 3007
61ARule about 3-pin flat-pin socket-outlets in low voltage installations
62High voltage installations treated as if works
63Testing prescribed electrical work on low and extra-low voltage installations
64Testing prescribed electrical work on high voltage installations
65Requirement for certificate of compliance
66Content of certificate of compliance
67Information recorded on certificate of compliance
68Who may issue certificate of compliance
69Offences relating to certificates of compliance
70High-risk prescribed electrical work to be inspected
71Who may carry out inspection
72Record of inspection
72AWhat happens to records of inspection
73Offences relating to inspection
73ABefore connecting installations to power supply
73BOffence relating to connection
74Reconnecting or restoring power supply to certain low voltage installations
74AElectrical safety certification
74BException for operators with maintenance management systems
74CTime when electrical safety certificate to be issued
74DOffences relating to electrical safety certificates
74EWhat happens to certificates of compliance
74FDetails of high-risk work to be lodged on database
74GWhat happens to electrical safety certificates
74HOffences relating to record-keeping
74ILocation of installations
75Periodic assessments of certain installations
76No supply without warrant of electrical fitness
77Restrictions on use of connectable installations
78Issue of warrants of electrical fitness for connectable installations
78AInterpretation
78BObligations in relation to alluvial mining operations and quarrying operations
78CStandards for equipment at alluvial mining operations and quarrying operations
78DPeriodic assessment of equipment and conductors at alluvial mining operations and quarrying operations
78EObligations in relation to opencast mining operations
78FStandards for equipment at opencast mining operations
78GSafety assessment programmes at opencast mining operations
78HObligations in relation to tunnelling operations
78IObligations in relation to underground mining operations
78JCertified designs for mining electrical equipment and conductors at tunnelling operations and underground mining operations
78KSafety assessment programmes at tunnelling operations and underground mining operations
78LGeneral offences
78MObligations in relation to tourist mining operations
79Maintenance of domestic appliances
80New and used fittings and appliances to be electrically safe
81Evidence of compliance with standards
82Offences relating to false or incorrect marking
83Supplier declaration of conformity required before sale of declared medium risk articles
83ADeemed approval by WorkSafe for sale of medium risk EESS products
84Declared high risk articles not to be sold unless approved
85Approval by WorkSafe for sale of declared high risk articles
86Deemed approval by WorkSafe for sale of declared high risk articles
86ADeemed approval by WorkSafe for sale of high risk EESS products
87Prohibitions relating to fittings and appliances
88Supply of electricity to hand-held appliances
89Use of hand-held appliances in certain high-risk situations
89AUse of hand-held appliances in cramped spaces
90Testing appliances after certain work done on them
91Periodic assessment of electrical medical devices
92Limits of work that supervised persons may do
93Limits of work that trainees may do
94Requirements for system of operation of holders of employer licences
95Certification of system of operation
96Approved persons
97Search criteria for register of electrical workers
98Form of complaints
99Fees payable to Board
100Safety responsibilities of person who carries out work
101Responsibility of employers for safety of employees
102Work on live high voltage overhead electric lines
103Work on live conductors of low voltage overhead electric lines in installations
103AWork on or near bare live conductors in alluvial mining operations, mining operations, and quarrying operations
104Work on isolated high voltage fittings
105Work stringing additional conductors between poles or other supports
106Notices when working on works and installations
107Offences relating to Part 8
108WorkSafe’s power to prescribe forms, etc
109WorkSafe’s power to exempt from requirements
110Issuing urgent instructions, orders, or requirements
111Gazette notices to be published on Internet site
111AConsolidation of certificates
111BAuthentication mark
111COffences relating to application of authentication mark
112Details that must be provided in reports of accidents
112ADatabase for recording certificate details on Internet site
112BAccess to database
113Existing and in-process works, installations, fittings, and appliances
114Declared articles under previous regulations
115Specified fittings and appliances under previous regulations
116Secretary’s exemptions
117Warrants of electrical fitness
118Certificates of compliance
118ATransitional provision relating to Electricity (Safety) Amendment Regulations 2011
118BTransitional provision relating to Electricity (Safety) Amendment Regulations 2012
118CSavings provision for existing mining electrical equipment in relation to Electricity (Safety) Amendment Regulations 2013
118DTransitional provision relating to Electricity (Safety) Amendment Regulations 2013
119Arbitrators
120Revocation of Electricity Regulations 1997
121Amendment to Electricity (Hazards from Trees) Regulations 2003
122Amendments to Electricity (China Free Trade Agreement) Regulations 2008
Gazette Information
Notes

Regulations

1 Title

These regulations are the Electricity (Safety) Regulations 2010.

2 Commencement

These regulations come into force on 1 April 2010.

Part 1 Preliminary provisions

Application

3 Application: things these regulations do not apply to

Nothing in these regulations applies to any of the following, or to work done on any of the following:

(a)

fittings and electrical appliances manufactured solely for export or imported solely for re-export:

(b)

road vehicles other than road vehicles used in a mining operation:

(ba)

the fittings of such road vehicles other than fittings that operate at standard low voltage:

(c)

trains, locomotives, trams, and trolley buses, and the fittings of trains, locomotives, trams, and trolley buses:

(d)

ships other than—

(i)

pleasure vessels containing connectable installations; and

(ii)

barges and dredges used in connection with a mining operation:

(da)

the fittings of such ships:

(e)

aircraft (as defined in section 2(1) of the Civil Aviation Act 1990) and the fittings of aircraft:

(f)

restricted weapons (as defined in section 2 of the Arms Act 1983).

Compare: SR 1997/60 r 3

Regulation 3(b): replaced, on 31 December 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 3(ba): inserted, on 31 December 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 3(d): replaced, on 31 December 2013, by regulation 4(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 3(da): inserted, on 31 December 2013, by regulation 4(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Definitions

4 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

AC means alternating current

accredited auditor means any of the following bodies:

(a)

a body accredited by either of the following to assess an organisation’s compliance with these regulations and safety management systems generally:

(i)

the Joint Accreditation System of Australia and New Zealand:

(ii)

a signatory to the International Accreditation Forum multilateral recognition arrangement for management systems:

(b)

a body approved, by or under an international agreement between New Zealand and another country that does not have a national accreditation body that is a signatory to the International Accreditation Forum multilateral recognition arrangement for management systems, to assess an organisation’s compliance with these regulations and safety management systems generally

Act means the Electricity Act 1992

alluvial mine operator has the meaning given to it in regulations made under the Health and Safety at Work Act 2015

alluvial mining operation has the meaning given to it in clause 1 of Schedule 3 of the Health and Safety at Work Act 2015

appliance means an electrical appliance as defined in section 2(1) of the Act

audited safety management system means a safety management system for which an audit certificate has been issued under regulation 52 and not cancelled under regulation 54

caravan park means an area of land—

(a)

that is used, or intended to be used, to site 2 or more vehicles or relocatable buildings that contain connectable installations; and

(b)

on which are installed fittings to supply electricity to those installations

CCC marks means marks required by the Conformity Cooperation Agreement to be put on fittings and appliances

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

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

conductor means a wire, cable, bar, or tube, used or placed in position for the conveyance of electricity; but does not include the wire of an electric fence

Conformity Cooperation Agreement means the Agreement between the Government of New Zealand and the Government of the People’s Republic of China on Cooperation in the Field of Conformity Assessment in Relation to Electrical and Electronic Equipment and Components (which is Annex 14 of the Free Trade Agreement between the Government of New Zealand and the Government of the People’s Republic of China done at Beijing on 7 April 2008), and includes—

(a)

any amendments made to, and in accordance with, the Agreement; and

(b)

any rules or standards that are applied by or to the Agreement, in accordance with the Agreement

dangers includes dangers such as, or associated with, electric shock, fire, burns, mechanical injury, toxicity, and radiation

DC means direct current

earthed means effectively connected to the general mass of earth

EESS means the harmonised Australian/New Zealand Electrical Equipment Safety System

EESS law means,—

(a)

in relation to Queensland, Part 2A of the Electrical Safety Act 2002 (Qld):

(b)

in relation to Tasmania, the Electricity Industry Safety and Administration Act 1997 (Tas):

(c)

in relation to any other Australian state, any legislation that gives effect to the EESS

electric line means all conductors (including fittings supporting, or connected to, those conductors), whether above or below ground, that are used or intended to be used in, or in connection with, the supply of electricity from the outgoing terminals of a generating station, a building, enclosure, or other structure to—

(a)

the incoming terminals of another building, enclosure, or other structure; or

(b)

an appliance, in any case where the appliance is supplied with electricity other than from a terminal in a building, enclosure, or other structure

electrical medical device means a medical device (as defined in section 3A of the Medicines Act 1981), other than an implant, that is supplied with electricity

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

electrically safe and electrically unsafe have the meanings set out in regulation 5

ERZ0 has the meaning given to it in regulations made under the Health and Safety at Work Act 2015

ERZ1 has the meaning given to it in regulations made under the Health and Safety at Work Act 2015

extra-low voltage means any voltage normally not exceeding 50 volts AC or 120 volts ripple-free DC

general body concentration, in relation to methane, means the concentration of methane in the relevant area expressed as a percentage of volume

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

generating station means those parts of works that are used principally for the generation of electricity

hazardous area means an area in which an explosive atmosphere is present, in quantities that require special precautions for the construction, installation, and use of electrical equipment

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

high voltage means voltage exceeding 1 000 volts AC or 1 500 volts ripple-free DC

IEC shock current standard means the shock current standards set out in regulation 8

install, in relation to an installation, includes to construct, alter, relocate, or add to the whole or any part of the installation

installation means an electrical installation as defined in section 2(1) of the Act, and part installation means any part of an installation

insulated, in relation to conductors and other fittings, means that the conductors or fittings are covered with insulation in such a manner that a person may safely handle them when they are live

integral plug device means—

(a)

an appliance that incorporates pins that can be inserted into a socket-outlet for the purpose of connecting that appliance to a supply of electricity; and

(b)

includes a power pack

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

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

live means charged with electricity so that a difference in voltage exists to earth or between conductors

live conductor means a conductor that is—

(a)

charged with electricity so that a difference in voltage exists to earth or between conductors; or

(b)

a neutral conductor

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)

low voltage,—

(a)

in relation to mining electrical equipment, means any voltage exceeding 50 volts AC or 120 volts ripple-free DC but not exceeding 1 200 volts AC or 1 500 volts ripple-free DC; and

(b)

in all other cases, means any voltage exceeding 50 volts AC or 120 volts ripple-free DC but not exceeding 1 000 volts AC or 1 500 volts ripple-free DC

low voltage works means works that are supplied or operate, or are intended to operate, at low voltage

main earthing system means an earthing system of an installation that—

(a)

operates at standard low voltage; and

(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

main switchboard, in relation to an installation, means the switchboard that is used by the consumer to provide the greatest degree of control of the supply of electricity to that installation

mains means those fittings forming part of an installation that are used for the supply of electricity to the MEN switchboard of the installation that is closest to the point of supply

mains parallel generation system means fittings that—

(a)

are used or intended for use by any person in, or in connection with, the generation of electricity for that person’s use; and

(b)

are capable of supplying electricity to fittings that, at the same time, are supplied with electricity from other systems of electrical supply

mains work

(a)

means any of the following:

(i)

work on mains (including connecting the conductors of mains at a MEN switchboard):

(ii)

work on main earthing systems (including connecting the conductors of main earthing systems at a MEN switchboard):

(iii)

work on the connection between earth and neutral made by the removable link within the MEN switchboard closest to the point of supply; but

(b)

does not include—

(i)

work on fittings that are used or intended for use by any person in, or in connection with, the generation of electricity for that person’s use and not for supply to any other person; or

(ii)

work that is limited to removing or replacing the removable link within a MEN switchboard for the purposes of testing; or

(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

maintenance includes repair

medical location means a patient treatment area or other place labelled or specifically set aside to be used to undertake patient treatment

MEN switchboard means a switchboard that has a connection to an earth electrode via an earthing conductor, and a connection between earth and neutral made by a removable link, for the purposes of creating a MEN system

MEN system means the Multiple Earthed Neutral system, which is a New Zealand variant of the internationally defined TNC system of supply of electricity in which the neutral is connected to earth—

(a)

at the source of supply (being either the generating station or the substation from which electricity, at the voltage at which it is delivered to the consumer, is derived); and

(b)

at points on the supply system; and

(c)

at every installation connected to that system

mine operator has the meaning given to it in clause 1 of Schedule 3 of the Health and Safety at Work Act 2015

mining electrical equipment means fittings and appliances (including cables) used or installed at an alluvial mining operation, a mining operation, or a quarrying operation in connection with—

(a)

any activity described in clause 2(a) and (b), 3(1)(a), or 4(a) of Schedule 3 of the Health and Safety at Work Act 2015:

(b)

the extraction of gold or ironsand

mining operation has the meaning given to it in clause 2 of Schedule 3 of the Health and Safety at Work Act 2015

mobile medical facility means a vehicle or relocatable building containing 1 or more connectable installations that are used for patient treatment

mobile mining electrical equipment

(a)

means mining electrical equipment that is designed to be moved while it is connected to or powered by an electricity supply (whether or not the equipment needs or uses electricity in order to move); and

(b)

may include hand-held equipment

opencast mining operation has the meaning given to it in regulation 3(1) of the Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016

patient treatment means the diagnosis, treatment, prevention, monitoring, or alleviation of a medical or dental condition, or of a disability, in humans

personal protective equipment means items of apparel and equipment worn by a person that are intended either to prevent the occurrence of harm to the person or to minimise any dangers that may occur from hazards that are present in the workplace or hazards that may arise in the course of work

plug means any device, other than a bolted coupler or a restrained coupler, that is or can be plugged directly into a socket-outlet for the purpose of connecting an appliance or a fitting to a supply of electricity

prescribed electrical work has the meaning given in regulation 6 (which refers to the detailed description in Schedule 1)

quarry operator has the meaning given to it in regulations made under the Health and Safety at Work Act 2015

quarrying operation has the meaning given to it in clause 3 of Schedule 3 of the Health and Safety at Work Act 2015

RCD, or residual current device, means a device for isolating supply to protected circuits, socket-outlets, or appliances in the event of a current flow to earth that exceeds a predetermined level

reduced low-voltage system means—

(a)

a single-phase system in which—

(i)

the nominal line-to-line voltage does not exceed 110 volts AC; and

(ii)

the nominal line-to-earth voltage does not exceed 55 volts AC; and

(iii)

all exposed conductive parts are connected to the protective conductor; or

(b)

a three-phase system in which—

(i)

the nominal line-to-line voltage does not exceed 110 volts AC; and

(ii)

the nominal line-to-earth voltage does not exceed 63.5 volts AC; and

(iii)

all exposed conductive parts are connected to the protective conductor

registered EESS product means a fitting or an appliance that is—

(a)

classified as level 2 or 3 equipment under any EESS law; and

(b)

registered in respect of the relevant registered EESS supplier on a database established under any EESS law

registered EESS supplier means a person registered under any EESS law as a responsible supplier

relocatable mining electrical equipment means mining electrical equipment that is capable of being moved, but not while it is connected to an electricity supply

revenue meter includes all associated fittings, such as load control fittings

safety-critical equipment, in relation to mining electrical equipment, means any or all of the following:

(a)

signalling and communication systems:

(b)

environmental monitoring systems:

(c)

gas monitors:

(d)

equipment designed or used for rescue and emergency purposes

safety management system means a system that is implemented by a safety management system operator for the purpose of ensuring, so far as is reasonably practicable, that an electricity supply system (as defined in section 61A(2) of the Act) or other works is prevented from presenting a significant risk of—

(a)

serious harm to any member of the public; or

(b)

significant damage to property owned by a person other than the safety management system operator

safety management system operator means—

(a)

an electricity generator or electricity distributor that is required, by section 61A(1) of the Act, to implement and maintain a safety management system; or

(b)

an owner of any other works who chooses to implement and maintain a safety management system

shock current means an electrical current that passes through the body of a person or animal, and that has characteristics that are likely to cause disorders of physiological processes of the body

standard low voltage means,—

(a)

in respect of electricity supplied by either a single-phase MEN system or a multiple-phase MEN system, a nominal voltage of 230 volts AC between phase and neutral; or

(b)

in respect of electricity supplied by any other system, a nominal voltage,—

(i)

in relation to single-phase supplies, of 230 volts AC between conductors; or

(ii)

in relation to 2-phase supplies, of 400 volts AC or 460 volts AC between conductors; or

(iii)

in relation to multiple-phase supplies, of 400 volts AC between conductors

substation means all or part of a building, structure, or enclosure that incorporates fittings that are used principally for the purposes of the control of the distribution of electricity

supplier declaration of conformity means a declaration, relating to a low voltage or extra-low voltage fitting or appliance, that complies with regulation 83(3)

SWER system means a single wire earth return system

telecommunications network voltage, in relation to telecommunications lines or equipment, means a voltage that is not greater than the limits specified in AS/NZS 60950

tourist mining operation has the meaning given to it in clause 1 of Schedule 3 of the Health and Safety at Work Act 2015

tunnelling operation has the meaning given to it in clause 4 of Schedule 3 of the Health and Safety at Work Act 2015

underground mining operation has the meaning given to it in regulations made under the Health and Safety at Work Act 2015.

(2)

A term used in connection with a particular standard has the meaning used in that standard, unless the term is defined in the Act or these regulations, in which case it has that meaning.

(3)

A term used in these regulations and not defined in the Act or these regulations, and to which subclause (2) does not apply, has the meaning given (if any),—

(a)

in the case of installations, in AS/NZS 3000; and

(b)

in all other cases, in IEC 60050.

(4)

In these regulations, electrical codes of practice and official standards (such as AS/NZS and IEC) are referred to by the abbreviations listed in Schedule 2.

Compare: SR 1997/60 r 2

Regulation 4(1) accredited auditor: substituted, on 10 November 2011, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 4(1) alluvial mine operator: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) alluvial mine operator: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) alluvial mining operation: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) alluvial mining operation: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) certificate of compliance: replaced, on 1 July 2013, by regulation 4(3) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) certified design: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) declaration of conformity: revoked, on 1 July 2013, by regulation 4(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) EESS: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) EESS law: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) electrical medical device: amended, on 1 July 2014, by section 48 of the Medicines Amendment Act 2013 (2013 No 141).

Regulation 4(1) electrical safety certificate: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) ERZ0: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) ERZ0: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) ERZ1: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) ERZ1: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) general body concentration: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) general prescribed electrical work: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) grade A offence: revoked, on 1 July 2013, by regulation 4(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) grade B offence: revoked, on 1 July 2013, by regulation 4(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) high-risk prescribed electrical work: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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

Regulation 4(1) installation: amended, on 1 July 2013, by regulation 4(5) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) integral plug device: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) level 1 penalty: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) level 2 penalty: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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

Regulation 4(1) low-risk prescribed electrical work: inserted, on 1 July 2013, by regulation 4(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) low voltage: replaced, on 31 December 2013, by regulation 5(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) low voltage works: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) main earthing system paragraph (b): replaced, on 1 July 2013, by regulation 4(6) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 4(1) mains work: substituted, on 10 November 2011, by regulation 4(4) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

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

Regulation 4(1) mains work paragraph (b)(iii): inserted, on 1 July 2013, by regulation 4(8) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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

Regulation 4(1) mine operator: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) mine operator: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) mining electrical equipment: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) mining electrical equipment paragraph (a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) mining operation: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) mining operation: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) mobile mining electrical equipment: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) opencast mining operation: replaced, on 18 July 2022, by regulation 129 of the Health and Safety at Work (Mining Operations and Quarrying Operations) Amendment Regulations 2022 (SL 2022/176).

Regulation 4(1) plug: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) quarry operator: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) quarry operator: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) quarrying operation: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) quarrying operation: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) reduced low-voltage system: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) registered EESS product: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) registered EESS supplier: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) relocatable mining electrical equipment: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) safety-critical equipment: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) safety management system: replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) supplier declaration of conformity: amended, on 10 November 2011, by regulation 4(5) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 4(1) SWER system: inserted, on 10 November 2011, by regulation 4(6) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 4(1) tourist mining operation: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) tourist mining operation: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) tunnelling operation: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) tunnelling operation: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 4(1) underground mining operation: inserted, on 31 December 2013, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 4(1) underground mining operation: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

5 Meanings of electrically safe and electrically unsafe

In these regulations, unless the context otherwise requires—

electrically safe means, in relation to works, installations, fittings, appliances, and associated equipment, that there is no significant risk that a person or property will be injured or damaged by dangers arising, directly or indirectly, from the use of, or passage of electricity through, the works, installations, fittings, appliances, or associated equipment

electrically unsafe means, in relation to works, installations, fittings, appliances, and associated equipment, that there is a significant risk that a person may suffer serious harm, or that property may suffer significant damage, as a result of dangers arising, directly or indirectly, from the use of, or passage of electricity through, the works, installations, fittings, appliances, or associated equipment.

Compare: SR 1997/60 r 69(2)

Regulation 5 electrically safe: amended, on 10 November 2011, by regulation 5(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 5 electrically unsafe: amended, on 10 November 2011, by regulation 5(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

6 Prescribed electrical work

For the purpose of the definition of prescribed electrical work in section 2(1) of the Act, prescribed electrical work is electrical work of a type described in clause 1 of Schedule 1 that is not work of a type described in clause 2 of that schedule.

6A Meaning of low-risk, high-risk, and general prescribed electrical work

(1)

In these regulations, low-risk prescribed electrical work

(a)

means prescribed electrical work that comprises the maintenance or replacement of a fitting in an existing installation; and

(b)

includes relocation or extension of a conductor to facilitate replacement of a fitting; but

(c)

excludes maintenance that involves the adjustment of protection or gas monitor settings of mining electrical equipment.

(2)

In these regulations, high-risk prescribed electrical work means the prescribed electrical work (not being low-risk prescribed electrical work) that—

(a)

comprises or includes the installation, or adjustment of the settings, 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, high voltage mobile mining electrical equipment, and high voltage relocatable mining electrical equipment):

(iii)

a mains parallel generation system in an installation:

(iv)

a photovoltaic system in an installation:

(v)

an installation that is, or will be, located in a hazardous area other than an ERZ0 or ERZ1:

(vi)

an installation that is, or is intended, for use with electrical medical devices:

(vii)

any fittings (including any neutral earth resistors and earth leakage circuit breakers) that—

(A)

control earth potential rise; and

(B)

are not part of any relocatable mining electrical equipment:

(viii)

any fittings or appliances that are not part of any relocatable mining electrical equipment and are used or installed, or to be used or installed, in an ERZ0 or ERZ1:

(b)

is mains work on an installation:

(c)

is work on an installation’s animal stunning appliances or meat conditioning appliances:

(d)

is work on low voltage AC railway signalling equipment except where the equipment has been tested in accordance with ECP 60 and the work has been carried out in accordance with AS/NZS 3000:

(e)

comprises or includes the construction of any relocatable mining electrical equipment, including fittings that control earth potential rise (such as neutral earth resistors, neutral earth reactors, and earth leakage circuit breakers):

(f)

comprises the connection of a supply of electricity from an above-ground supply to mining electrical equipment, or conductors supplying mining electrical equipment, that are located in the underground parts of an underground mining operation:

(g)

includes the adjustment of the settings of—

(i)

any isolation fittings of mining electrical equipment:

(ii)

gas monitors used in a mining operation.

(3)

In these regulations, general prescribed electrical work means any prescribed electrical work on an installation, or on mining electrical equipment, that is not low-risk prescribed electrical work or 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 (an 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 to be categorised in accordance with subclauses (1) to (3) of this regulation.

Regulation 6A: replaced, on 31 December 2013, by regulation 6 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

7 Connectable installations

For the purpose of the definition of connectable installation in section 2(1) of the Act in relation to a vehicle, a relocatable building, or a pleasure vessel, a connectable installation is one that is designed or intended for, or is capable of, connection to an external power supply that operates at a nominal voltage between 90 and 250 volts AC at standard low voltage.

8 IEC shock current standards

(1)

Works not covered by audited safety management systems are deemed to be electrically unsafe if the magnitude and duration of electric shock currents resulting from the step, touch, and transferred voltages created by an earth fault exceed curve c2 of Fig 20 of IEC/TS 60479-1.

(2)

A low voltage installation and any fittings and appliances supplied at low voltage are deemed to be electrically unsafe if the magnitude and duration of electric shock currents resulting from direct or indirect contact with the live parts of the installation, fitting, or appliance exceed—

(a)

curve b of Fig 20 of IEC/TS 60479-1; or

(b)

curve b of Fig 22 of IEC/TS 60479-1.

(3)

A high voltage installation, and any fittings and appliances supplied at high voltage, that are not provided with protection from supplying works are deemed to be electrically unsafe if the magnitude and duration of electric shock currents resulting from step, touch, and transferred voltages created by an earth fault exceed curve c1 of Fig 20 of IEC/TS 60479-1.

(4)

A high voltage installation and any fittings and appliances supplied by that installation that are provided with protection from supplying works are deemed to be electrically unsafe if the magnitude and duration of electric shock currents resulting from step, touch, and transferred voltages created by an earth fault exceed curve c2 of Fig 20 of IEC/TS 60479-1.

Regulation 8: substituted, on 10 November 2011, by regulation 6 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 8(2): amended, on 31 December 2013, by regulation 7(1)(a) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 8(2): amended, on 31 December 2013, by regulation 7(1)(b) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 8(3): amended, on 31 December 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 8(4): amended, on 31 December 2013, by regulation 7(3) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Ambient temperature

9 New Zealand ambient temperature

In New Zealand, the ambient temperature is deemed to be—

(a)

30° Celsius for the purpose of designing, constructing, testing, and inspecting works and installations; and

(b)

25° Celsius for the purpose of manufacturing and testing fittings and appliances for compliance with AS/NZS 3820.

Penalty levels

Heading: replaced, on 1 July 2013, by regulation 6 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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.

Regulation 10: replaced, on 1 July 2013, by regulation 6 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

11 Strict liability offences

(1)

Subclauses (2) and (3) apply to every offence in these regulations except those that specifically refer to a defendant’s state of knowledge or intention regarding the facts constituting the offence.

(2)

In a prosecution for an offence to which this subclause applies, it is not necessary for the prosecution to prove that the defendant knew or intended the facts that constitute the offence.

(3)

It is a defence to a prosecution for an offence to which this subclause applies if the defendant proves—

(a)

that—

(i)

the action or event to which the prosecution relates was necessary for the purpose of avoiding serious harm to any person, or preventing significant damage to property; and

(ii)

the defendant’s conduct was reasonable in the circumstances; and

(iii)

the effects of the action or event were adequately mitigated or remedied by the defendant after it occurred; or

(b)

that the action or event to which the prosecution relates was due to an event beyond the control of the defendant (such as natural disaster, mechanical failure, or sabotage) and—

(i)

the action or event could not reasonably have been foreseen or been provided against by the defendant; and

(ii)

the effects of the action or event were adequately mitigated or remedied.

Compare: 2004 No 72 s 388

12 Infringement offences

(1)

Offences against the following are infringement offences:

(a)

any regulation in Parts 2 to 6 of these regulations:

(b)

section 20(d) of the Act (failure to report accidents, etc):

(c)

section 162 of the Act (doing prescribed electrical work in breach of section 74 of the Act):

(d)

section 163 of the Act (employing someone to do prescribed electrical work in breach of section 74 of the Act).

(2)

The infringement fee for an offence punishable by a level 2 penalty is,—

(a)

for an individual, $1,000; and

(b)

for a body corporate, $3,000.

(3)

The infringement fee for an offence punishable by a level 1 penalty is,—

(a)

for an individual, $500; and

(b)

for a body corporate, $1,000.

(4)

The infringement fee for an offence against any of sections 20(d), 162, and 163 of the Act is the infringement fee set for an offence punishable by a level 2 penalty.

(5)

The prescribed form for infringement notices is form 1 as set out in Schedule 3.

(6)

Reminder notices for infringement offences must be as set out in form 2 of Schedule 3.

Regulation 12(2): amended, on 1 July 2013, by regulation 8(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 12(3): amended, on 1 July 2013, by regulation 8(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 12(4): amended, on 1 July 2013, by regulation 8(3) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Part 2 General safety requirements

Requirements for electrical safety

13 Doing work on works, installations, fittings, and appliances

(1)

A person who does work on any works or installation, or on any part of any works or installation, must ensure—

(a)

that the resulting works or installation, or part of the works or installation, is electrically safe; and

(b)

if the work is on only part of any works or installation, that the work has not adversely affected the electrical safety of the rest of the works or installation.

(2)

A person who does work on any fittings or appliances must ensure that—

(a)

the resulting fittings or appliances are electrically safe; and

(b)

in the case of mining electrical equipment or conductors supplying that equipment, the resulting equipment and conductors comply with the applicable requirements of Part 5A and Schedule 8.

(3)

A person who does work on any works, installations, fittings, or appliances must, while doing the work, ensure, so far as is reasonably practicable, that people and property are protected from dangers arising from the work.

(4)

In this regulation, work includes doing, or supervising the doing of, any of the following:

(a)

constructing, manufacturing, or assembling:

(b)

installing or connecting:

(c)

maintaining:

(d)

testing, certifying, or inspecting.

(5)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she—

(a)

does work on any works or installation and fails to comply with subclause (1); or

(b)

does work on any fittings or appliances and fails to comply with subclause (2); or

(c)

while doing work on any works, installations, fittings, or appliances, fails to ensure, so far as is reasonably practicable, that people and property are protected from dangers arising from the work, where the person doing the work knows, or can reasonably be expected to know, of the dangers that may arise from the work.

Compare: SR 1997/60 r 69(1)

Regulation 13(2): replaced, on 31 December 2013, by regulation 8 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 13(3): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 13(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 13(5): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 13(5)(c): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

14 Designing works, installations, fittings, and appliances

(1)

A person who designs, or supervises the design of, works, installations, fittings, or appliances must ensure that, if the finished design were constructed, installed, or manufactured as designed, the finished works, installations, fittings, or appliances would be electrically safe.

(2)

A person who designs, or supervises the design of, works, installations, fittings, or appliances commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (1).

Compare: SR 1997/60 r 69(1)

Regulation 14(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 14(2): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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 conviction to a level 2 penalty if the manufacturer’s instructions do not comply with subclause (2).

Regulation 14A: inserted, on 1 July 2013, by regulation 9 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 14A(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

15 Using works, installations, fittings, appliances, and associated equipment

(1)

A person who owns or operates works, installations, fittings, or appliances must not use, and must not allow any other person to use, the works, installations, fittings, or appliances if the works, installations, fittings, or appliances are electrically unsafe.

(1A)

A person must not rent, hire out, or lease out fittings or appliances to any other person if the fittings or appliances are electrically unsafe at the start of the rental, hire, or lease period.

(1B)

A person who is the direct renter, hirer, or lessee of fittings or appliances must not use, and must not allow any other person to use, the fittings or appliances if the fittings or appliances are electrically unsafe.

(2)

A person who uses, or supervises the use of, associated equipment must ensure that the associated equipment is not used in a manner that renders the associated equipment a danger to persons or property.

(3)

A person who owns, rents, hires, leases, or operates works, installations, fittings, or appliances commits an offence and is liable on conviction to a level 2 penalty if he or she uses, or allows another person to use, the works, installations, fittings, or appliances, knowing that, or being reckless as to whether, the works, installations, fittings, or appliances are electrically unsafe.

(3A)

A person who is the direct renter, hirer, or lessee of fittings or appliances commits an offence and is liable on conviction to a level 2 penalty if he or she uses, or allows another person to use, the fittings or appliances knowing that, or being reckless as to whether, the fittings or appliances are electrically unsafe.

(4)

A person who uses, or supervises the use of, associated equipment commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (2).

Compare: SR 1997/60 rr 69(1), 100(b)

Regulation 15(1A): inserted, on 1 February 2014, by clause 1(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 15(1B): inserted, on 1 February 2014, by clause 1(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 15(3): amended, on 1 February 2014, by clause 1(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 15(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 15(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 15(3A): inserted, on 1 February 2014, by clause 1(3) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 15(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 15(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

15A Fittings and appliances at rented residential premises

(1)

A landlord of residential premises must not provide any fittings or appliances under or in connection with a residential tenancy if the fittings or appliances are electrically unsafe.

(2)

A landlord of residential premises must not allow any person to use any fittings or appliances provided by the landlord under or in connection with a residential tenancy if the fittings or appliances are electrically unsafe.

(3)

A landlord of residential premises must provide the occupier with adequate instructions for the safe use of any fittings or appliances provided under or in connection with a residential tenancy.

(4)

A landlord commits an offence and is liable on conviction to a level 2 penalty if he or she provides fittings or appliances, or allows another person to use fittings or appliances that are provided, under or in connection with a residential tenancy, knowing that, or being reckless as to whether, the fittings or appliances are electrically unsafe.

(5)

In this regulation, landlord has the meaning given to it in section 2(1) of the Residential Tenancies Act 1986.

Regulation 15A: inserted, on 1 February 2014, by clause 2 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

16 Minimising risk of contact with live conductive parts

(1)

A person who has control of works, installations, fittings, appliances, or associated equipment must minimise, so far as is reasonably practicable, the risk of injury to persons or damage to property from dangers arising from direct or indirect contact between—

(a)

any live exposed conductive parts of the works, installations, fittings, appliances, or associated equipment; and

(b)

any person or animal, or any thing being worn or carried by a person or animal.

(2)

A person to whom subclause (1) applies commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with that subclause.

Compare: SR 1997/60 r 94(1)

Regulation 16(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 16(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 16(2): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

17 Maintaining safe distances

(1)

A person who carries out any construction, building, excavation, or other work on or near an electric line must maintain safe distances—

(a)

in accordance with ECP 34; or

(b)

in relation to work on or near overhead rail, trolley bus, tramway, or road vehicle electrification systems (including the use of machinery, equipment, or plant), in accordance with—

(i)

ECP 34; or

(ii)

for railway electrification systems, IEC 62128-1, BS EN 50122-1, BS EN 50119, and sections 5 and 9 of ECP 34; or

(iii)

for tramway and trolley bus systems, IEC 60913; or

(c)

in relation to work done at alluvial mining operations, opencast mining operations, and quarrying operations, in accordance with AS/NZS 3007.

(2)

However,—

(a)

the minimum distances required by table 7 and clause 6.4 of ECP 34, to the extent that they apply to a telecommunication line near electricity conductors, do not apply if—

(i)

the telecommunication line is an all-dielectric self-supporting fibre optic cable (a fibre optic cable); and

(ii)

the fibre optic cable is designed, manufactured, and tested to IEEE 1222; and

(iii)

the fibre optic cable and the electricity conductors have shared supports or shared spans; and

(iv)

in the case of a fibre optic cable erected on poles or other supports, the design and installation of the fibre optic cable is in accordance with AS/NZS 7000; and

(b)

a person who carries out work upgrading or altering an electric line that was in existence immediately before 1 April 2010 must comply with ECP 34 only in relation to those parts of the line that are being upgraded or altered.

(3)

Each of the following persons commits an offence and is liable on conviction to a level 2 penalty if safe distances are not maintained as required by subclause (1):

(a)

a person who carries out the work described in subclause (1):

(b)

a person who controls the work described in subclause (1):

(c)

a person who owns or controls any line, works, fittings, building, structures, equipment, or machinery that is the subject of, or involved in, the work described in subclause (1).

(4)

A person commits an offence and is liable on conviction to a level 2 penalty if the person places thermal insulating material on or around fittings in an installation in such a way that the safety of the installation is compromised.

Compare: SR 1997/60 r 93

Regulation 17: substituted, on 10 November 2011, by regulation 7 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 17(1)(b): replaced, on 31 December 2013, by regulation 9 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 17(1)(c): inserted, on 31 December 2013, by regulation 9 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 17(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 17(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 17(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 17(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

18 Notices where high voltages used, generated, or transmitted

(1)

Notices providing instructions on the treatment of electric shock must be installed in a conspicuous position, and be maintained, on the following:

(a)

all premises where electricity is, or is to be, used at high voltage; and

(b)

all premises where electricity is generated, or from which it is transmitted, at high voltage.

(2)

A person who owns premises referred to in subclause (1) commits an offence and is liable on conviction to a level 1 penalty if he or she fails to ensure that the notices required by that subclause are installed and maintained as required.

Compare: SR 1997/60 r 34(3)

Regulation 18(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 18(2): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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)

WorkSafe 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 conviction to a level 1 penalty if he or she fails to comply with subclause (1).

Regulation 18A: inserted, on 1 July 2013, by regulation 10 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 18A(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 18A(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

19 Notifying WorkSafe of danger

(1)

This regulation applies to a person while engaged in any of the following:

(a)

carrying out prescribed electrical work, including while acting under an exemption:

(b)

carrying out a periodic assessment under regulations 75, 78D, 78G, and 78K:

(c)

examining a connectable installation with a view to issuing a warrant of electrical fitness under regulation 78.

(2)

If a person to whom this regulation applies has reasonable grounds to believe that the works, installation, fitting, or appliance presents an immediate danger to life or property, the person must, as soon as practicable, advise both of the following people of the danger:

(a)

the owner or occupier of the property where the danger exists:

(b)

WorkSafe.

(2A)

The advice in subclause (2) must include—

(a)

details of the nature of the danger; and

(b)

how and why the works, installation, fitting, or appliance presents an immediate danger to life or property; and

(c)

any steps that have been taken, or that the person reasonably believes should be taken, to minimise or eliminate the danger.

(3)

A person commits an offence and is liable on conviction to a level 2 penalty if a person to whom this regulation applies has reasonable grounds to believe that any works, installation, fitting, or appliance presents an immediate danger to life or property and fails to comply with subclause (2).

Compare: SR 1997/60 r 50

Regulation 19 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 19(1)(b): amended, on 31 December 2013, by regulation 10 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 19(2)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 19(2A): inserted, on 1 February 2014, by clause 3 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 19(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 19(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Things deemed electrically safe or electrically unsafe

20 Electrically unsafe works and installations

(1)

Works and installations are deemed to be electrically unsafe if there are not measures in place that do at least 1 of the following:

(a)

prevent accidental direct or indirect contact with exposed fittings or exposed conductive parts of the works or installations:

(b)

provide for the automatic interruption of the power supply to the works or installations on the occurrence of a fault that would cause injury or damage to any person or property:

(c)

prevent an electric current passing through the body of a person on contact with any part of the works or installations, or limit that current so that the magnitude and duration of the shock current cannot exceed the IEC shock current standards.

(2)

Works and installations are also deemed to be electrically unsafe if—

(a)

the characteristics of any fittings used in the works or installations are impaired; or

(b)

conductors are inadequately identified; or

(c)

where colour is used to identify conductors in a standard low voltage domestic installation that is being installed (other than in light fittings, connections to appliances, and wiring within a fitting),—

(i)

the neutral conductor is identified by any colour except black; and

(ii)

black is used to identify a conductor other than the neutral conductor; or

(d)

connections between conductors, and between conductors and other fittings, are not secure and reliable; or

(e)

fittings are installed in such a way that any designed cooling conditions are impaired; or

(f)

fittings that cause or are subject to high temperatures or electric arcs are placed in such a position, or are unguarded, so as to create a risk of ignition of flammable or explosive materials or of injury to persons or damage to property; or

(fa)

any refrigerant used in the works or installation, or used in any fittings or appliances in the works or installation, is substituted with a refrigerant other than a refrigerant with which the works, installation, or fitting—

(i)

is designed to operate (including one of higher toxicity or flammability); or

(ii)

has been adapted to operate safely; or

(fb)

the works or installation, or any fitting or appliance in the works or installation, is retrofitted with a refrigerant other than one with which it has been designed to be retrofitted; or

(fc)

in the case of a domestic installation, any safety or security function of the installation that needs electricity to operate has no manual override in the event of an interruption in the supply of electricity; or

(g)

cables (including underground cables) are inadequately protected against the risk of damage by the nature of their covering or their method of installation; or

(h)

cables are bent beyond their design criteria; or

(i)

there is insufficient space, access, and lighting to operate, maintain, repair, test, and inspect all fittings of the works and installations (other than cables and buried parts of earthing systems) in a safe manner.

(3)

Subclause (2)(fc) does not apply if the safety or security function has a functioning backup system of electricity supply.

Compare: SR 1997/60 r 94(2)

Regulation 20(1)(b): amended, on 10 November 2011, by regulation 8 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 20(2)(fa): inserted, on 1 February 2014, by clause 4(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 20(2)(fb): inserted, on 1 February 2014, by clause 4(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 20(2)(fc): inserted, on 1 February 2014, by clause 4(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 20(3): inserted, on 1 February 2014, by clause 4(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

21 Electrically safe single-wire earth return systems
[Revoked]

Regulation 21: revoked, on 10 November 2011, by regulation 9 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

22 Electrically unsafe low voltage fittings

A low voltage fitting is deemed to be electrically unsafe if—

(a)

the unearthed conductive parts of the fitting are separated from live parts by no more than basic insulation; or

(b)

the fitting is intended to have, or is supplied as having, a safety function, but does not in fact serve that safety function.

Compare: SR 1997/60 r 76A

23 Electrically unsafe appliances

(1)

An appliance is deemed to be electrically unsafe if—

(a)

the voltage at which it operates safely is not appropriately and adequately marked on the appliance; or

(b)

it is not constructed so as to be safe under both normal and abnormal conditions; or

(c)

the accessible unearthed conductive parts of the appliance are separated from live parts by no more than basic insulation; or

(d)

the appliance is fitted with, or is an integral plug device that includes, a flat 2-pin or 3-pin plug with the dimensions specified in AS/NZS 3112 and is not designed to operate safely at standard low voltage; or

(e)

the appliance is a single phase domestic or similar appliance (other than an appliance intended for permanent connection to an installation) fitted with a plug that does not comply with whichever official standard listed in Schedule 4 applies to the appliance; or

(f)

the appliance is a single-phase integral plug device (other than an appliance intended for permanent connection to an installation) that has a plug that does not comply with whichever official standard listed in Schedule 4 applies to the device; or

(g)

the appliance is fitted with, or is an integral plug device that includes, a plug of a rating that is less than—

(i)

the rating specified on the appliance; or

(ii)

if no rating is specified on the appliance, the rating specified in whichever official standard listed in Schedule 4 applies to the appliance.

(2)

Fittings and appliances that are designed and used for patient treatment are not electrically unsafe merely because that treatment may cause injury to the patient.

(3)

Fittings and appliances that are designed and used for animal stunning, meat conditioning, or fishing are not electrically unsafe merely because they may injure animals or fish, as the case may be.

(4)

Subclause (1)(f) does not apply to a free-standing electric range that complies with whichever official standard listed in Schedule 4 applies to the appliance.

Compare: SR 1997/60 r 76A

Regulation 23(1)(d): replaced, on 1 February 2014, by clause 5(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 23(1)(e): replaced, on 1 February 2014, by clause 5(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 23(1)(f): inserted, on 1 February 2014, by clause 5(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 23(1)(g): inserted, on 1 February 2014, by clause 5(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 23(4): inserted, on 1 February 2014, by clause 5(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

24 Electrically unsafe RCDs

(1)

This regulation applies to any standard low voltage RCD that is used in a situation where it is required, by these regulations or any standard, to be used.

(2)

A portable RCD designed or used to protect against electric shock (whether or not it is an RCD referred to in subclauses (3) to (6)) is deemed to be electrically unsafe if, on failure of the supply voltage, it does not do 1 of the following:

(a)

automatically open:

(b)

continue to provide protection.

(3)

An RCD used to protect against electric shock, and that is either installed as part of an installation or is a portable RCD, is deemed to be electrically unsafe if it has a rated residual current exceeding 30 milliamperes and—

(a)

it does not interrupt the current in all live conductors within—

(i)

300 milliseconds when passing its rated residual current; or

(ii)

40 milliseconds when passing 5 times its rated residual current; or

(b)

it interrupts the current in all live conductors when passing leakage current at or below half its rated residual current; or

(c)

it does not meet the limits specified in AS/NZS 3190.

(4)

An RCD installed as part of an installation for the protection of property is deemed to be electrically unsafe if—

(a)

it has a maximum operating time of—

(i)

more than 0.5 seconds at its rated residual current; or

(ii)

more than 0.15 seconds at 5 times its rated residual current; or

(b)

it has a rated residual current exceeding 300 milliamperes.

(5)

An RCD installed as part of an installation to protect against electric shock to patients during patient treatment is deemed to be electrically unsafe if—

(a)

it has a rated residual current exceeding 10 milliamperes; or

(b)

it has a rated residual current of 10 milliamperes or less but—

(i)

it does not interrupt the current in all live conductors within 40 milliseconds when passing its rated residual current and when passing 5 times its rated residual current; or

(ii)

it interrupts the current in all live conductors when passing leakage current at or below 45% of its rated residual current.

(6)

Where an RCD is required by AS/NZS 3000 to be installed to protect children from the risk of electric shock from direct contact, the RCD is deemed to be electrically unsafe if—

(a)

it has a rated residual current exceeding 10 milliamperes; or

(b)

it has a rated residual current of 10 milliamperes or less but—

(i)

it does not interrupt the current in all live conductors within—

(A)

300 milliseconds when passing its rated residual current; or

(B)

40 milliseconds when passing 5 times its rated residual current; or

(ii)

it interrupts the current in all live conductors when passing leakage current at or below half its rated residual current.

Compare: SR 1997/60 r 64

Regulation 24(3)(a): amended, on 10 November 2011, by regulation 11(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(3)(b): amended, on 10 November 2011, by regulation 11(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(4): substituted, on 10 November 2011, by regulation 11(3) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(5)(b)(i): amended, on 10 November 2011, by regulation 11(4) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(5)(b)(ii): amended, on 10 November 2011, by regulation 11(5) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(6): amended, on 10 November 2011, by regulation 11(6) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(6)(b)(i): amended, on 10 November 2011, by regulation 11(7) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 24(6)(b)(ii): amended, on 10 November 2011, by regulation 11(8) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

24A Electrically unsafe safety-critical equipment

Safety-critical equipment used or installed in an ERZ0 or ERZ1 is deemed to be electrically unsafe if the equipment has not been certified in accordance with clause 34 of Schedule 8 as being suitable to remain powered at all times.

Regulation 24A: inserted, on 31 December 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

24B Electrically unsafe electrical work in relation to certain mining electrical equipment

(1)

This regulation applies to electrical work—

(a)

that is performed on mining electrical equipment in an ERZ0 or ERZ1 in a way that compromises the explosion protection properties of that mining electrical equipment:

(b)

that involves the use of testing equipment that is not certified, in accordance with clause 37 of Schedule 8, for use in the ERZ0 or ERZ1 where the equipment is used or is intended to be used.

(2)

Electrical work to which this regulation applies is deemed to be electrically unsafe unless it is carried out under an approval system for live electrical work established as part of the electrical engineering control plan for the mining operation required by the regulations made under the Health and Safety at Work Act 2015.

Regulation 24B: inserted, on 31 December 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 24B(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

25 Specific installations, fittings, and appliances deemed to be electrically safe

Despite anything in these regulations, the following installations, fittings, and appliances are deemed to be electrically safe if they comply with the standards indicated and are used in accordance with those standards:

(a)

installations, fittings, and appliances in medical locations: all of AS/NZS 2500, AS/NZS 3003, AS/NZS 3551, and NZS 6115:

(b)

electric fences: AS/NZS 3014:

(c)

electric security fences: AS/NZS 3016:

(d)

construction sites: AS/NZS 3012:

(e)

film and television sites: AS/NZS 4249.

Compare: SR 1997/60 r 69B(a), (d), (e)

Regulation 25(a): amended, on 10 November 2011, by regulation 12 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

26 When fittings and appliances in use deemed to be electrically safe

(1)

This regulation applies to a fitting or appliance, other than an electrical medical device, that is in use, or available for use,—

(a)

by an employee or contractor of the owner of the fitting or appliance; or

(b)

by a hirer or lessee under a hire or lease agreement with the owner of the fitting or appliance; or

(c)

by the occupier of premises that are rented or leased from the owner of the fitting or appliance.

(2)

A fitting or appliance described in subclause (1)(a) is deemed to be electrically safe if it has a current tag issued in accordance with AS/NZS 3760.

(3)

A fitting or appliance described in subclause (1)(b) or (c) is deemed to be electrically safe—

(a)

if it has a current tag issued in accordance with AS/NZS 3760; or

(b)

if, at the time it is first made available for use by the hirer, lessee, or occupier, it is supplied with electricity through a portable RCD, or through a circuit protected by an electrically safe RCD, that provides protection from electric shock.

(4)

A fitting described in subclause (1)(b) or (c) is deemed to be electrically safe if it is a fitting that is part of an installation and it complies with AS/NZS 3019.

Compare: SR 1997/60 r 76

Regulation 26: substituted, on 10 November 2011, by regulation 13 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 26(4): inserted, on 1 February 2014, by clause 6 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Part 3 Systems of supply

27 Systems in general

(1)

A person supplying electricity or line function services may choose the configuration and voltage of supply systems for the electricity, subject to this regulation.

(2)

Installations designed and constructed to operate at standard low voltage other than low voltage AC railway signalling equipment must be connected to a MEN system of supply.

(3)

However, subclause (2) does not apply to any fittings that are used, or designed or intended for use, by any person in connection with the generation of electricity for that person’s use and not for supply to any other person.

(4)

If an installation other than low voltage AC railway signalling equipment is supplied with electricity from a MEN system of supply,—

(a)

the installation must have at least 1 MEN switchboard; and

(b)

the switchboard located electrically closest to the point of supply must be a MEN switchboard.

(5)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she connects an installation to a supply of electricity otherwise than in accordance with this regulation.

Compare: SR 1997/60 rr 52(1), (2), (4), 67(a)

Regulation 27(2): amended, on 1 February 2014, by clause 7(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 27(4): amended, on 1 February 2014, by clause 7(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 27(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 27(5): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

28 Voltage supply to installations

(1)

The supply of electricity to installations operating at a voltage of 200 volts AC or more but not exceeding 250 volts AC (calculated or measured at the point of supply)—

(a)

must be at standard low voltage; and

(b)

except for momentary fluctuations, must be kept within 6% of that voltage.

(2)

The supply of electricity to installations operating at other than standard low voltage (calculated or measured at the point of supply)—

(a)

must be at a voltage agreed between the electricity retailer and the customer; and

(b)

unless otherwise agreed between the electricity retailer and the customer, and except for momentary fluctuations, must be maintained within 6% of the agreed supply voltage.

(3)

A person who supplies electricity commits an offence and is liable on conviction to a level 2 penalty if he or she supplies electricity to an installation in breach of this regulation.

Compare: SR 1997/60 rr 53(1), (2), 67(a)

Regulation 28(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 28(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

29 Frequency of electricity supplied

(1)

The frequency of electricity supplied by a person must be maintained within 1.5% of 50 hertz, except for momentary fluctuations.

(2)

The requirement in subclause (1) may be varied for supplies at other than standard low voltage if the supplier and the person receiving the supply agree.

(3)

A person who supplies electricity commits an offence and is liable on conviction to a level 2 penalty if he or she supplies it otherwise than in accordance with this regulation.

Compare: SR 1997/60 rr 55, 67(a)

Regulation 29(2): substituted, on 10 November 2011, by regulation 14 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 29(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 29(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

30 Requirements relating to safety of electricity supplied

(1)

In order to ensure that the supply of electricity is safe,—

(a)

the electrical characteristics of the supply system must not be altered in a way that may cause danger to persons or property; and

(b)

reasonable steps must be taken to ensure that the maximum prospective fault currents on the supply system are limited to reasonable levels.

(2)

A person who supplies electricity or line function services commits an offence and is liable on conviction to a level 2 penalty if he or she—

(a)

alters the electrical characteristics of the supply system in breach of subclause (1)(a); or

(b)

fails to take reasonable steps to ensure that the maximum prospective fault currents on the supply system are limited to reasonable levels.

Compare: SR 1997/60 r 57

Regulation 30(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 30(2): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

31 Requirements relating to quality of supply

(1)

In order to preserve the quality of electricity supplied, the use of fittings and appliances must not unduly interfere with the satisfactory supply of electricity to any other person, or impair the safety, or interfere with the operation, of any other fittings or appliances.

(2)

In relation to interference from harmonics, compliance with whichever of the following standards is applicable is deemed to be compliance with subclause (1):

(a)

ECP 36:

(b)

IEC 61000–3–2:

(c)

IEC/TS 61000–3–4:

(d)

IEC 61000–3–12.

(3)

In relation to interference from flicker, compliance with whichever of the following standards is applicable is deemed to be compliance with subclause (1):

(a)

IEC 61000–3–3:

(b)

IEC/TS 61000–3–5:

(c)

IEC 61000–3–11.

(4)

A person commits an offence and is liable on conviction to a level 1 penalty if the person, knowingly or recklessly,—

(a)

uses a fitting or appliance that breaches, or results in the breach of, subclause (1); or

(b)

sells or offers to sell a fitting or appliance that breaches, or results in the breach of, subclause (1).

Compare: SR 1997/60 r 56

Regulation 31(4): substituted, on 10 November 2011, by regulation 15 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 31(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 31(4): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

32 Protection against fault currents

(1)

A person who supplies line function services to a consumer must, in respect of that consumer, provide a service protective fitting (being a fitting that can interrupt the supply of electricity to an installation) of appropriate rating for protection against short-circuits or earth faults on mains.

(2)

A person who supplies line function services commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (1).

Compare: SR 1997/60 rr 62(3), 67(h)

Regulation 32(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 32(2): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

33 Requirements relating to construction of, or work in vicinity of, telecommunications equipment

(1)

If telecommunications equipment is being constructed in the vicinity of works or installations, the person constructing the telecommunications equipment must ensure that it is constructed so that any induced voltage or earth potential rise that is capable of being created by electricity conveyed through the works or installations and impressed onto the telecommunications equipment is not likely to cause—

(a)

serious harm to any person; or

(b)

significant damage to the telecommunications plant or equipment.

(2)

If works or installations are being constructed in the vicinity of telecommunications equipment, the person constructing the works or installations must ensure that they are constructed so that any induced voltage or earth potential rise that is capable of being created by electricity conveyed through the works and installations and impressed onto the telecommunications equipment is not likely to cause—

(a)

serious harm to any person; or

(b)

significant damage to the telecommunications plant or equipment.

(3)

Voltages impressed onto telecommunications equipment by induction or earth potential rise are deemed not to be likely to cause serious harm to persons if,—

(a)

in respect of a fault in an AC system of supply of electricity,—

(i)

the magnitude and duration of any resulting shock currents cannot exceed curve c2 of Fig 20 of IEC/TS 60479-1; or

(ii)

the impressed voltages do not exceed—

(A)

430 volts AC for fault durations exceeding 0.5 seconds but not exceeding 5 seconds; and

(B)

650 volts AC for fault durations not exceeding 0.5 seconds; or

(b)

in respect of a fault in a DC system of supply of electricity, or in respect of a fault on an electrified railway operating on a DC system of supply of electricity,—

(i)

the magnitude and duration of any resulting shock currents cannot exceed curve c2 of Fig 22 of IEC/TS 60479-1; or

(ii)

the impressed voltages do not exceed 1 000 volts peak.

(4)

Voltages impressed onto telecommunications equipment by induction or earth potential rise are deemed not to be likely to cause significant damage to telecommunications equipment if, in the case of a fault in an AC system of supply of electricity, the impressed voltages do not exceed—

(a)

430 volts AC for fault durations exceeding 0.5 seconds but not exceeding 5 seconds; and

(b)

650 volts AC for fault durations not exceeding 0.5 seconds.

(5)

Voltages impressed onto telecommunications equipment by induction or earth potential rise are deemed not to be likely to cause significant damage to telecommunications equipment if, in the case of a fault in a DC system of supply of electricity or a fault on an electrified railway operating on a DC system of supply of electricity, the impressed voltages do not exceed 1 000 volts peak.

(6)

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

(a)

constructs telecommunications equipment in the vicinity of works or installations and fails to comply with the requirements of subclause (1); or

(b)

constructs works or installations in the vicinity of telecommunications equipment and fails to comply with the requirements of subclause (2).

(7)

In this regulation,—

telecommunications equipment means any telecommunications line, structure, device, or thing designed or intended for use for telecommunications purposes

telecommunications line has the meaning given to it in section 2(1) of the Act.

Regulation 33: replaced, on 1 February 2014, by clause 8 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

33A Limits of operation of SWER systems in relation to telecommunications

(1)

This regulation applies to an AC SWER system, other than an AC electrified railway traction system, that has high voltage operational voltage to earth.

(2)

During normal operation, the SWER system must not impress on a telecommunication line—

(a)

a transverse noise voltage, measured at the user’s end of the telecommunication line, greater than 0.5mV; or

(b)

an induced voltage greater than 35 Vr m s.

(3)

During any normal or fault-related operation, the SWER system must not cause earth potential rises coupled to the neutral conductor of a MEN system, or voltages impressed on a telecommunication line, that exceed the maximum voltages in the voltage limit tables of the ITU-T Directives Vol VI:2008.

(4)

In this regulation,—

ITU-T Directives Vol VI:2008 means the ITU-T Directives concerning the protection of telecommunication lines against harmful effects from electric power and electrified railway lines—Vol VI: Danger, damage and disturbance, published in 2008 by the International Telecommunication Union

ITU-T Recommendation K68 means the ITU-T Recommendation K68: Operator responsibilities in the management of electromagnetic interference by power systems on telecommunication systems, published in 2008 by the International Telecommunication Union

psophometric frequency weighted value means the calculated value of an induced voltage resulting from the application to the measured value of the voltage of a factor that recognises that the human ear responds to sounds within the speech frequency range in accordance with weighting factors defined by the psophometric weighting factor table in Appendix 1 of ITU-T Recommendation K68. The psophometrically weighted value of a voltage comprising fundamental and harmonic components is given by the following expression:

Wp=√(∑(Xf.Pf)2)
P800

where—

Xf

is the measured value of the voltage component at frequency f

Pf

is the psophometric weighting factor at frequency f

P800

is the psophometric weighting factor at frequency 800 Hz

transverse noise voltage means the psophometrically weighted value of the voltage in a telecommunication circuit, measured across a 600-ohm resistor terminating the line when the other end of the line is terminated on a standard telephone line termination, that results when a voltage is impressed on the telecommunication circuit by an electric line.

Regulation 33A: inserted, on 10 November 2011, by regulation 17 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Part 4 Safety of works

Rules applying in relation to all works

34 Protective fittings for works

(1)

The owner of works must ensure that the works have adequate electrical protection against short circuits and earth faults.

(2)

Where fittings that form part of any works are used to protect against over-current, short-circuiting, earth fault current, overvoltage, under-voltage, and no voltage, the owner of those works must ensure that the fittings are designed and installed to achieve the maximum practicable sensitivity and minimum practicable operating times, within the limits necessary to achieve discrimination, in relation to the characteristics of the circuits or other fittings that those fittings protect.

(3)

The owner or operator of works that contain fittings referred to in subclause (2) must ensure that the fittings are set to achieve the maximum practicable sensitivity and minimum practicable operating times, within the limits necessary to achieve discrimination, in relation to the characteristics of the circuits or other fittings that those fittings protect.

(4)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (1) or (2).

(5)

A person who owns or operates works commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (3).

Compare: SR 1997/60 rr 60, 61, 62(1)

Regulation 34(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 34(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 34(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 34(5): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

35 Interference with, or movement of, works

(1)

A person must not interfere with, or move or attempt to move, any works, whether or not the works have been damaged, unless—

(a)

the person obtains permission from the owner or operator of the works; or

(b)

the person is authorised by an enactment; or

(c)

an emergency requires it.

(2)

A person commits an offence and is liable on conviction to a level 1 penalty if he or she breaches subclause (1).

Compare: SR 1997/60 r 93A

Regulation 35(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 35(2): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

36 Generating facilities and substations

(1)

All electricity generating facilities of works and installations, and all substations, must be secured against access by unauthorised persons.

(2)

An owner or operator of a generating facility or substation commits an offence and is liable on conviction to a level 1 penalty if he or she fails to secure the facility or substation against access by unauthorised persons.

Compare: SR 1997/60 r 89

Regulation 36(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 36(2): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

37 Works constructed as low voltage installations

If low voltage works are constructed that comply with the requirements of a low voltage installation (as set out in Part 5) then, without affecting the application of any other regulations in this Part to those works, regulation 38 does not apply to the works.

Regulation 37: amended, on 1 February 2014, by clause 9 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

37A Trolley bus supply systems must be treated as works

(1)

A trolley bus supply system that complies, or is intended to comply, with this Part (which is about works) must be treated for all purposes as if it were works to which this Part applies.

(2)

Subclause (1) applies whether or not the trolley bus supply system is an installation to which Part 5 (which is about installations) would otherwise apply.

(3)

In this regulation, trolley bus supply system means a system for the supply of electricity to trolley buses that comprises—

(a)

a contact line system (as defined in BS EN 50119); and

(b)

fittings that have the sole purpose of supplying electricity to trolley buses.

Regulation 37A: inserted, on 10 November 2011, by regulation 18 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

38 Testing works before connecting to supply

(1)

This regulation applies if prescribed electrical work has been done on any works.

(2)

Before connecting new works to a power supply, the person doing the connection must—

(a)

be satisfied that tests have been carried out that ensure that the completed works are electrically safe; and

(b)

ensure that—

(i)

the polarity and phase rotation of the supply are correct; and

(ii)

the protection of the supply is correctly rated; and

(iii)

the works are compatible with the supply system.

(3)

Before connecting or reconnecting existing works to a power supply following maintenance of, or any alteration of or addition to, the works, the person doing the connection or reconnection must—

(a)

be satisfied that tests have been carried out that ensure that—

(i)

the work done has not reduced the safety of the works; and

(ii)

any alterations or additions are electrically safe; and

(b)

ensure that (where appropriate)—

(i)

the polarity and phase rotation of the supply are correct; and

(ii)

the protection of the supply is correctly rated.

(4)

The person referred to in subclause (2) or (3) may be satisfied that the tests required under subclause (2)(a) or (3)(a) have been carried out on the basis of documentation that he or she has personally sighted that is signed by the person who carried out the relevant testing.

(5)

The person referred to in subclause (2) or (3)—

(a)

may, for the purpose of subclause (2)(b) or (3)(b), rely on documentation that he or she has personally sighted that is signed by the person who carried out the testing as to what the polarity, phase rotation, and protection of the supply are; but

(b)

must determine himself or herself whether the polarity, phase rotation, and protection of the supply are correct.

(6)

A person who connects or reconnects works to a power supply commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (2) or (3).

Compare: SR 1997/60 r 37(1)

Regulation 38: replaced, on 1 February 2014, by clause 10 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Works not covered by audited safety management systems

39 Regulations 40 to 46 do not apply to works covered by audited safety management systems

Regulations 40 to 46 do not apply to works covered by an audited safety management system; regulations 47 to 56 deal with those works instead.

40 Safety checks of works

(1)

Every owner of works must establish and implement a safety checking system that complies with subclause (2) for regularly checking the electrical safety of the works.

(2)

The safety checking system must—

(a)

require that the works are checked for compliance with all the requirements of regulations 41 to 46; and

(b)

provide for periodic checking of the works—

(i)

at reasonable intervals; and

(ii)

by a person who is suitably qualified and has the necessary competencies and experience to carry out the check; and

(c)

require records to be kept of the results of every periodic check.

(3)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if he or she—

(a)

fails to comply with subclause (1); or

(b)

fails to carry out the checks required by a system established and implemented in accordance with this regulation.

(4)

A person who operates works commits an offence and is liable on conviction to a level 2 penalty if the works have not been checked as required by a system established for the purposes of this regulation, and the person knows that the works have not been checked, or is reckless as to whether the works have been checked.

Compare: SR 1997/60 rr 60(3), 66(5), 67(f), (j)

Regulation 40(1): amended, on 10 November 2011, by regulation 19(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 40(2)(b): substituted, on 10 November 2011, by regulation 19(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 40(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 40(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 40(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 40(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

41 Structural loading on works

(1)

The owner of works must ensure that the works are designed, constructed, and maintained to minimise as far as practicable the risk of injury to persons or damage to property from the expected structural loading, having regard to the recognised natural occurrences in the areas that the works are or are to be situated.

(2)

The owner of works must ensure that overhead electric lines are constructed of suitable conductors and other fittings so that, as far as practicable, the lines—

(a)

are capable of withstanding, without damage, the likely static and dynamic loading; and

(b)

do not become unsafe or dangerous to the public or to persons likely to work on them.

(3)

If overhead line structures are found to be incapable of supporting structural design loads, the owner of the structures must—

(a)

mark them; and

(b)

repair or replace them within 12 months of finding them to be incapable of supporting the design loads.

(4)

If overhead line structures are found to be at risk of failure under normal structural loads, and there is a risk of injury to any person or damage to property other than that of the owner of the line, the owner of the structures must—

(a)

mark them; and

(b)

repair or replace them not later than 3 months after the finding of the risk of failure.

(5)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if the person—

(a)

constructs or maintains works, or requires works to be designed, in such a way that the works are inconsistent with the requirements set out in subclause (1); or

(b)

fails to comply with any of the obligations in subclauses (2) to (4).

Compare: SR 1997/60 r 66(1)–(4)

Regulation 41(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 41(5): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

42 Requirements for earthing systems in works

(1)

Every owner of works must ensure that the works are protected (whether from within the works or by the supplying works) by an earthing system that is designed, installed, operated, and maintained to ensure, as far as practicable,—

(a)

the effective operation of protection fittings in the event of earth fault currents; and

(b)

that the voltage of each conductor is restricted to a value consistent with the level of insulation applied; and

(c)

that step voltages, touch voltages, and transferred voltages are controlled to prevent danger to any person.

(2)

An earthing system is deemed to comply with subclause (1)(c) if it complies,—

(a)

in the case of a railway electrification system,—

(i)

with IEC 62128-1; and

(ii)

on or after 1 February 2014, with BS EN 50122-1; or

(b)

in every other case, with ECP 35.

(3)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if the person fails to comply with subclause (1).

Compare: SR 1997/60 rr 60(1), 67(g)

Regulation 42(2): replaced, on 1 February 2014, by clause 11 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 42(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 42(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

43 Isolation fittings for works

(1)

The owner of works must ensure that the works are capable of being isolated from its supply of electricity, whether that capability is provided from within the works or by the supplying works.

(2)

If the works comprise separate parts, the owner must also ensure that each part has an isolation fitting to isolate that part from its supply of electricity.

(3)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with subclause (1) or (2).

Compare: SR 1997/60 r 65

Regulation 43(2): amended, on 10 November 2011, by regulation 20 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 43(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 43(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

44 High voltage conductors of overhead electric lines

(1)

The owner of works must ensure that high voltage conductors of overhead electric lines are protected (whether from within the works or by the supplying works) by earth fault protection fittings that interrupt fault currents to earth in 5 seconds or less.

(2)

Short-circuit and earth fault protective fittings of the auto-closing type must operate for not more than 3 consecutive closures during a period not longer than 60 seconds, and must not be capable of further reclosures unless manually reset.

(3)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if he or she—

(a)

fails to comply with subclause (1); or

(b)

owns works that do not comply with subclause (2).

Compare: SR 1997/60 r 62(5), (6)

Regulation 44(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 44(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

45 Permanent notices on works

(1)

The owner of works must ensure that conspicuous and durable notices reading “Danger Live Wires”, or some equivalent warning, are affixed, and maintained in a legible condition, on all poles or other supports that carry uninsulated conductors and that may be climbed without the use of equipment.

(2)

A person who owns works commits an offence and is liable on conviction to a level 2 penalty if the person fails to comply with subclause (1).

Compare: SR 1997/60 rr 66(6), 67(j)

Regulation 45(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 45(2): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

46 Keeping records and plans

(1)

The owner of works must keep such records and plans of those works as will enable the owner, if required, to readily locate any fittings of the works.

(2)

A person who owns works commits an offence and is liable on conviction to a level 1 penalty if the person fails to comply with subclause (1).

Compare: SR 1997/60 r 59

Regulation 46(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 46(2): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Works covered by audited safety management systems

47 Overview

Under section 61A of the Act, electricity generators and electricity distributors that own or operate an electricity supply system (as defined in that section) must implement and maintain safety management systems. Owners or operators of other works may choose to implement and maintain safety management systems as an alternative to complying with regulations 40 to 46. Regulations 48 to 56 set out requirements and other matters relating to safety management systems.

48 What safety management systems must do

(1)

Every safety management system must comply with either—

(a)

NZS 7901; or

(2)

Nothing in regulation 49 or 50 applies to safety management systems that comply with NZS 7901.

49 Substantive requirements of safety management systems

Every safety management system must provide for the following:

(a)

the systematic identification of existing and new or potential hazards associated with the works, if possible before, and otherwise as, the hazards arise:

(b)

the assessment by the safety management system operator, at appropriate regular intervals, of the scope and magnitude of each hazard:

(c)

the steps that must be taken to eliminate, isolate, or minimise hazards (both generally and with respect to particular hazards) and to reduce the risks from those hazards:

(d)

the assessment of the effectiveness of steps taken to eliminate, isolate, or minimise hazards and to reduce the risks from hazards:

(e)

the investigation of accidents that involve or affect the works to which the safety management system relates:

(f)

how the safety management system operator proposes to continually enhance the safety management system:

(g)

an audit programme setting out the intervals at which audits must be carried out.

50 Documentation of safety management systems

(1)

Every safety management system must be fully documented, and the documentation must include, at a minimum, a description of the following:

(a)

the works (including its components) to which the safety management system relates:

(b)

all the matters referred to in regulation 49.

(2)

The documentation of the safety management system must be in a format and style that enables anyone auditing it to read it easily.

51 Audit of safety management systems

(1)

Every safety management system must be regularly audited to confirm whether—

(a)

the safety management system complies with NZS 7901 or regulations 49 and 50, as appropriate; and

(b)

the safety management system operator is implementing and maintaining the safety management system as written; and

(c)

the effect of the safety management system is to prevent, so far as is reasonably practicable, the works from presenting a significant risk of—

(i)

serious harm to any member of the public; or

(ii)

significant damage to property owned by a person other than the safety management system operator.

(2)

Every audit must be conducted by an accredited auditor.

(3)

The first audit under this regulation of a safety management system must take place within 2 years after the date on which this regulation comes into force, and thereafter at intervals determined by the auditor but at least once every 5 years.

Regulation 51(1)(c): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

52 Audit certificate for safety management systems

(1)

If an accredited auditor is satisfied of the matters in regulation 51(1)(a) to (c), the auditor may issue an audit certificate for the safety management system.

(2)

The audit certificate must specify the period for which it is issued, which may be up to 5 years.

(3)

The audit certificate comes into force on and from the date it is issued and remains current for the period for which it is issued, unless earlier cancelled.

53 Statutory declaration by safety management system operator

(1)

Every safety management system operator must, at least once every 5 years, make, and send to WorkSafe, a statutory declaration that confirms that the operator’s safety management system has a current audit certificate.

(2)

However, the first statutory declaration made under this regulation must be made and sent to WorkSafe within 6 months after the first audit of the safety management system.

Regulation 53(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 53(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

54 Cancellation of audit certificate

(1)

An accredited auditor must cancel an audit certificate if—

(a)

the auditor, having conducted an audit, is not satisfied about 1 or more of the matters in regulation 51(1)(a) to (c); or

(b)

WorkSafe requires the accredited auditor to cancel the certificate on the grounds that WorkSafe is satisfied that the audited safety management system is not being implemented.

(2)

On cancelling an audit certificate, the accredited auditor must issue a notice of cancellation to the safety management system operator and give a copy of the notice of cancellation to WorkSafe.

Regulation 54(1)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 54(1)(b): amended, on 10 November 2011, by regulation 21 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 54(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

55 Certification and declaration deemed to be compliance with section 61A of Act

(1)

For the purpose of section 61A of the Act, a person is deemed to be implementing and maintaining a safety management system if—

(a)

the person holds a current audit certificate in respect of an audited safety management system; and

(b)

WorkSafe has received the statutory declaration required by regulation 53 within the time required by that regulation.

(2)

However, until the date that is 2 years after the date on which these regulations come into force, an electricity generator or electricity distributor is deemed to comply with section 61A of the Act if it complies with all of regulations 34 to 46.

Regulation 55(1)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

56 Offences by accredited auditors

An accredited auditor commits an offence and is liable on conviction to a level 2 penalty if that auditor

(a)

issues an audit certificate under regulation 52 without being satisfied of the matters in regulation 51(1)(a) to (c); or

(b)

fails to cancel an audit certificate in the circumstances in regulation 54(1); or

(c)

fails to issue a notice of cancellation, or give a copy of the notice, as required by regulation 54(2).

Regulation 56: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 56: amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 56: amended, on 10 November 2011, by regulation 22 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Part 5 Safety of installations

Domestic wiring exemption

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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.

Regulation 57: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Certified designs for installations

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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 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).

Regulation 58: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 58(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Rules for low and extra-low voltage installations

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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 subclause (2), low voltage AC railway signalling equipment must be tested in accordance with ECP 60, and not in accordance with AS/NZS 3000.

(5)

This regulation is subject to regulations 60 to 61A.

Regulation 59: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 59(4): replaced, on 31 December 2013, by regulation 12 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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.

Regulation 60: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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.

Regulation 61: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

61AA Installations in excavated areas must comply with AS/NZS 3007

(1)

An installation that is or will be located in an excavated area above ground (including an installation at an alluvial mining operation, opencast mining operation, or quarrying operation) must be installed, tested, inspected, and connected in accordance with AS/NZS 3007.

(2)

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

(3)

Regulation 59 is subject to this regulation.

Regulation 61AA: inserted, on 31 December 2013, by regulation 13 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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 conviction to a level 2 penalty.

Regulation 61A: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 61A(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Rules for high voltage installations

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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.

Regulation 62: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Testing prescribed electrical work

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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 conviction to a level 2 penalty.

Regulation 63: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 63(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

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 conviction to a level 2 penalty.

Regulation 64: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 64(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Certifying prescribed electrical work

Heading: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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)

A person issuing a certificate of compliance for prescribed electrical work done on an installation or part installation, or an electrical safety certificate for an installation or part installation, is, if he or she is acting in good faith, entitled to rely on the veracity of any certificates of compliance issued within the previous 6 months in respect of prescribed electrical work done on the installation or any part of the installation.

(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(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.

Regulation 65: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 65(5): replaced, on 31 December 2013, by regulation 14 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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.

Regulation 66: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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; and

(ca)

give the name of any person who, acting under the supervision of the person in paragraph (c), 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.

Regulation 67: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 67(2)(c): replaced, on 31 December 2013, by regulation 15 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 67(2)(ca): inserted, on 31 December 2013, by regulation 15 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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.

Regulation 68: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

69 Offences relating to certificates of compliance

A person commits an offence and is liable on 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.

Regulation 69: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 69: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Inspecting prescribed electrical work

Heading: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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 who inspects high-risk prescribed electrical work must undertake whatever tests, visual inspection, or other actions are necessary to satisfy the person that—

(a)

that work has been done in accordance with these regulations; and

(b)

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

Regulation 70: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 70(3): amended, on 31 December 2013, by regulation 16(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 70(3)(a): amended, on 31 December 2013, by regulation 16(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 70(3)(b): amended, on 31 December 2013, by regulation 16(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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.

Regulation 71: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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—

(a)

identify the work that was inspected; and

(b)

be signed and dated by the person carrying out the inspection; and

(c)

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

(d)

if the inspection was carried out in accordance with a standard, identify the standard and state that the inspection was carried out in accordance with that standard; and

(e)

if the inspection was carried out in accordance with a certified design, identify the certified design and state that the inspection was carried out in accordance with that certified design; and

(f)

state whether the work that has been inspected has been done in accordance with these regulations; and

(g)

state whether the installation or part installation on which the work has been done is, and will be (when powered), electrically safe.

(3)

The person who carries out the inspection must attach the certificate of compliance, or a copy of the certificate of compliance, to the record of inspection.

(4)

If the inspection relates to work covered by more than 1 certificate of compliance, the record of inspection must identify the certificates of compliance to which it relates.

Regulation 72: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 72(2): replaced, on 31 December 2013, by regulation 17 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 72(3): replaced, on 31 December 2013, by regulation 17 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 72(4): replaced, on 31 December 2013, by regulation 17 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

72A What happens to records of inspection

(1)

A person who issues a record of inspection 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 on 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 a record of inspection must, on request by any of the following, provide a copy of the record within 10 working days after the request:

(a)

WorkSafe:

(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 to which it relates:

(f)

the owner or occupier of the place on or thing in which the installation or part installation is located.

Regulation 72A: inserted, on 31 December 2013, by regulation 18 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

73 Offences relating to inspection

A person who inspects prescribed electrical work commits an offence and is liable on 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; or

(c)

carries out an inspection and fails to prepare a written record of inspection in accordance with regulation 72.

Regulation 73: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 73: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 73(b): amended, on 31 December 2013, by regulation 19(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 73(c): inserted, on 31 December 2013, by regulation 19(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Connection to power supply after prescribed electrical work

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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

(da)

if the work is required to be inspected and a certificate of compliance is required for the work, attach the certificate of compliance or a copy of the certificate of compliance to the record of inspection; 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.

Regulation 73A: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 73A(1)(da): inserted, on 31 December 2013, by regulation 20 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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 conviction to a level 2 penalty.

Regulation 73B: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 73B: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

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

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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 conviction to a level 2 penalty if he or she fails to comply with subclause (2).

Regulation 74: replaced, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Certifying installations

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

74A Electrical safety certification

(1AA)

This regulation applies to prescribed electrical work on—

(a)

an installation; or

(b)

a part installation; or

(c)

any fitting that supplies an installation or a part installation with electricity.

(1)

After the work referred to in subclause (1AA) 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—

(i)

the person who did the connection; and

(ii)

if the person who did the connection was acting under supervision, the supervisor; and

(g)

give the name and registration number of—

(i)

the person who did the connection; or

(ii)

if that person was acting under an employer licence, the employer’s licence number; or

(iii)

if the person in subparagraph (i) was acting under supervision, the registration number of the supervisor.

(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.

Regulation 74A: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74A(1AA): inserted, on 31 December 2013, by regulation 21(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74A(1): amended, on 31 December 2013, by regulation 21(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74A(3)(f): replaced, on 31 December 2013, by regulation 21(3) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74A(3)(g): replaced, on 31 December 2013, by regulation 21(3) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

74B Exception for operators with maintenance management systems

If 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 (except that the authentication mark required by regulation 74A(3)(d) need not be recorded and kept).

Regulation 74B: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74B: amended, on 31 December 2013, by regulation 22(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74B(b): amended, on 31 December 2013, by regulation 22(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

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.

Regulation 74C: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

74D Offences relating to electrical safety certificates

A person commits an offence and is liable on 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.

Regulation 74D: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74D: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Record-keeping

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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.

(c)
[Revoked]

(2)

The responsible person must, within 20 days after completing the work, 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)

WorkSafe:

(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 the information referred to in regulation 65(7)(b), or specified parts of that information, to the requester within 10 working days after the request:

(a)

WorkSafe:

(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.

Regulation 74E: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74E(1) responsible person paragraph (c): revoked, on 31 December 2013, by regulation 23(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74E(2): amended, on 31 December 2013, by regulation 23(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74E(4)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 74E(5): amended, on 31 December 2013, by regulation 23(3) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74E(5)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

74F Details of high-risk work to be lodged on database

(1)

Details of high-risk prescribed electrical work (including details of the certificate of compliance provided in respect of that 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 WorkSafe.

Regulation 74F: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74F heading: amended, on 31 December 2013, by regulation 24(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74F(1): amended, on 31 December 2013, by regulation 24(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74F(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

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 10 working days after the request:

(a)

WorkSafe:

(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 the information referred to in regulation 74B(b), or specified parts of that information, to the requester within 10 working days after the request:

(a)

WorkSafe:

(b)

the Board:

(c)

the Registrar:

(d)

the territorial authority of the place where the installation is located.

Regulation 74G: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74G(2): amended, on 31 December 2013, by regulation 25(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 74G(2)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 74G(3): replaced, on 31 December 2013, by regulation 25(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

74H Offences relating to record-keeping

A person commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with any of the requirements of regulations 74E to 74G.

Regulation 74H: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 74H: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Miscellaneous

Heading: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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.

Regulation 74I: inserted, on 1 July 2013, by regulation 11 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Periodic assessments

75 Periodic assessments of certain installations

(1)

The owners and operators of the following installations must ensure that the installations are periodically assessed as set out below, to determine whether they are electrically safe and otherwise comply with these regulations:

(a)

low voltage installations in caravan parks: in accordance with AS/NZS 3001, at intervals not exceeding 5 years:

(b)

low voltage installations in boat marinas: in accordance with AS/NZS 3004.1, at intervals not exceeding 5 years:

(c)

low voltage installations at demolition and constructions sites: in accordance with AS/NZS 3012:

(d)

low voltage installations at carnivals and fair grounds: in accordance with AS/NZS 3002, at intervals not exceeding 1 year:

(e)

low voltage installations, other than domestic installations, in hazardous areas: in accordance with AS/NZS 60079.17:

(f)

low voltage and extra-low voltage installations intended for use with electrical medical devices situated—

(i)

in mobile medical facilities: in accordance with NZS 6115:

(ii)

in any other medical location: AS/NZS 3003.

(2)

The assessments referred to in subclause (1)(a) to (c) may be undertaken only by a person who is authorised to assess prescribed electrical work on the relevant kind of installation in the relevant location.

(3)

The assessments referred to in subclause (1)(d) to (f) may be undertaken only by any person with the competencies referred to in the relevant standard specified.

(4)

A person who completes a periodic assessment must—

(a)

complete a record of assessment; and

(b)

in the record of assessment,—

(i)

state whether the assessment was carried out in accordance with a standard (and identify that standard); and

(ii)

state whether the assessment was carried out in accordance with a certified design (and identify that certified design); and

(c)

give the record of assessment to the person requesting the assessment; and

(d)

keep a copy of that record of assessment for at least 3 years, or send a copy to WorkSafe.

(4A)

If the relevant standard prescribes a form for a record of assessment, the record of assessment referred to in subclause (4) must be in that form.

(5)

A person who owns and retains in service an installation that is required by this regulation to be periodically assessed commits an offence and is liable on conviction to a level 1 penalty if the installation is not assessed in accordance with subclause (1).

(6)

A person who does an assessment under this regulation commits an offence and is liable on conviction to a level 2 penalty if he or she,—

(a)

in the case of an assessment referred to in subclause (1)(a) to (c), is not authorised to assess that kind of installation in that location; or

(b)

in the case of an assessment referred to in subclause (1)(d) to (f), does not have the appropriate competencies; or

(c)

fails to comply with subclause (4).

(7)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she uses an installation that is required by this regulation to be periodically assessed knowing that subclause (6) applies to the person who did the inspection.

(8)

To avoid doubt, subclause (1) and the intervals referred to in that subclause apply despite anything to the contrary in any of the standards referred to in that subclause.

Compare: SR 1997/60 r 46

Regulation 75(1)(e): amended, on 10 November 2011, by regulation 31(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 75(1)(f)(ii): amended, on 10 November 2011, by regulation 31(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 75(2): amended, on 31 December 2013, by regulation 26(1) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(2): amended, on 31 December 2013, by regulation 26(2) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(3): amended, on 31 December 2013, by regulation 26(2) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(4): replaced, on 31 December 2013, by regulation 26(3) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(4A): inserted, on 31 December 2013, by regulation 26(3) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(5): amended, on 31 December 2013, by regulation 26(4) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 75(5): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 75(6): amended, on 31 December 2013, by regulation 26(5) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(6): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 75(6): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 75(6)(a): amended, on 31 December 2013, by regulation 26(5) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(6)(a): amended, on 31 December 2013, by regulation 26(6) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(6)(b): amended, on 31 December 2013, by regulation 26(5) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(7): amended, on 31 December 2013, by regulation 26(7) of the Electricity (Safety) Amendment Regulations 2013 (SR  2013/494).

Regulation 75(7): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 75(7): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 75(8): inserted, on 31 December 2013, by regulation 26(8) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Connectable installations

76 No supply without warrant of electrical fitness

(1)

Before permitting or authorising a connection for the supply of electricity to a connectable installation in a vehicle, relocatable building, or pleasure vessel, the person supplying electricity must verify that the connectable installation has a current warrant of electrical fitness.

(2)

A person who supplies electricity commits an offence and is liable on conviction to a level 1 penalty if he or she fails to comply with subclause (1).

Compare: SR 1997/60 r 98(5)

Regulation 76(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 76(2): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

77 Restrictions on use of connectable installations

(1)

A person must not hire or lease out, or offer to hire or lease out, a vehicle, relocatable building, or pleasure vessel that contains a connectable installation unless the connectable installation has a current warrant of electrical fitness.

(2)

A person who hires or leases out, or offers to hire or lease out, a vehicle, relocatable building, or pleasure vessel commits an offence and is liable on conviction to a level 1 penalty if he or she fails to comply with subclause (1).

Compare: SR 1997/60 r 97(4)

Regulation 77(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 77(2): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

78 Issue of warrants of electrical fitness for connectable installations

(1)

The following people may issue warrants of electrical fitness for connectable installations:

(a)

a person who is authorised to inspect mains work:

(b)

a person who, immediately before these regulations come into force, is authorised by the Secretary to issue warrants of electrical fitness, but only in respect of the same class of connectable installations that the authorisation relates to:

(c)

in relation to a connectable installation that has been certified under regulation 66, the person who did the certification (and, to avoid doubt, the warrant may be issued at the same time that the certification is done).

(2)

Every warrant of electrical fitness for a connectable installation must be issued in accordance with AS/NZS 3001, except that a warrant of electrical fitness for a connectable installation—

(a)

in a pleasure vessel must be issued in accordance with AS/NZS 3004.2; and

(b)

in a mobile medical facility must be issued in accordance with NZS 6115; and

(c)

that has been imported must be issued in accordance with AS/NZS 3001, but only after an assessment for compliance with Part 1 of AS/NZS 3000.

(3)

A person who issues a warrant of electrical fitness must—

(a)

give it to the person who requests the warrant; and

(b)

keep a copy of the completed warrant for at least 3 years, or send a copy to WorkSafe; and

(c)

complete a warrant of electrical fitness sticker that is in the form prescribed or approved by WorkSafe; and

(d)

affix the sticker in a prominent place on the connectable installation.

(4)

A warrant of electrical fitness for a connectable installation expires on the earlier of—

(a)

the date on which a new warrant of electrical fitness is issued for the connectable installation; or

(b)

the date that is 4 years from its date of issue or, in the case of a mobile medical facility, 1 year from its date of issue.

(5)

Every warrant of electrical fitness must be in a form that is either—

(a)

the form prescribed by the relevant standard referred to in subclause (2); or

(b)

a form approved by WorkSafe.

(6)

If WorkSafe charges a fee to supply forms of warrants of electrical fitness, the fee must be the fee set out in Schedule 5.

(7)

A person commits an offence and is liable on conviction to a level 1 penalty if he or she—

(a)

issues a warrant of electrical fitness otherwise than in accordance with this regulation; or

(b)

issues a warrant of electrical fitness for a connectable installation that is electrically unsafe; or

(c)

is not authorised to issue a warrant of electrical fitness.

Compare: SR 1997/60 r 97(3), (5)–(7)

Regulation 78(2)(b): amended, on 10 November 2011, by regulation 32 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 78(2)(c): added, on 10 November 2011, by regulation 32 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 78(3)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(3)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(5)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(6): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 78(7): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 78(7): amended, on 1 July 2013, by regulation 7(2) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Part 5A Mining electrical equipment and conductors

Part 5A: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78A Interpretation

(1)

In this Part and Schedule 8, operator,—

(a)

in relation to an alluvial mining operation, means the alluvial mine operator:

(b)

in relation to a mining operation, means the mine operator:

(c)

in relation to a quarrying operation, means the quarry operator.

(2)

For the purpose of identifying on a certified design or electrical safety certificate the location of an alluvial mining operation, a mining operation, or a quarrying operation under this Part or Schedule 8, location has the meaning given to it in regulation 74I.

Regulation 78A: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Alluvial mining operations and quarrying operations

Heading: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78B Obligations in relation to alluvial mining operations and quarrying operations

(1)

Regulations 78C and 78D and Parts 1 and 2 of Schedule 8 apply to—

(a)

all mobile and relocatable mining electrical equipment that is used, installed, or intended to be used at—

(i)

any alluvial mining operation:

(ii)

any quarrying operation; and

(b)

all conductors that are used or intended to be used to supply that equipment with electricity.

(2)

An alluvial mine operator must ensure compliance with the requirements of Parts 1 and 2 of Schedule 8 in relation to all mobile and relocatable mining electrical equipment and conductors supplying that equipment that are used, installed, or intended to be used at an alluvial mining operation.

(3)

An alluvial mine operator who fails to comply or ensure compliance with any requirement in Part 1 or 2 of Schedule 8 in relation to any mobile and relocatable mining electrical equipment or conductor supplying that equipment that is used, installed, or intended to be used at an alluvial mining operation commits an offence and is liable on conviction to a level 2 penalty.

(4)

A quarry operator must ensure compliance with the requirement of Parts 1 and 2 of Schedule 8 in relation to all mobile and relocatable mining electrical equipment and conductors supplying that equipment that are used, installed, or intended to be used at a quarrying operation.

(5)

A quarry operator who fails to comply or ensure compliance with any requirement in Part 1 or 2 of Schedule 8 in relation to any mobile and relocatable mining electrical equipment or conductor supplying that equipment that is used, installed, or intended to be used at a quarrying operation commits an offence and is liable on conviction to a level 2 penalty.

Regulation 78B: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78C Standards for equipment at alluvial mining operations and quarrying operations

(1)

All mobile and relocatable mining electrical equipment and conductors supplying that equipment at an alluvial mining operation or quarrying operation must be—

(a)

designed and constructed so as to comply with whichever official standard listed in Schedule 4 applies to the equipment or conductor; and

(b)

tested, inspected, and connected so as to comply with AS/NZS 3007; and

(c)

installed or relocated in accordance with AS/NZS 3007.

(2)

Mobile and relocatable mining electrical equipment and conductors supplying that equipment at an alluvial mining operation or a quarrying operation may only be maintained or replaced in 1 or more of the following ways:

(a)

such that the equipment and conductors comply with AS/NZS 3007:

(b)

such that the equipment and conductors are restored to, or maintained in, their original condition:

(c)

by complying with all manufacturer’s instructions relating to the equipment and conductors, and other fittings used in, or affected by, the maintenance or replacement.

(3)

An operator commits an offence and is liable on conviction to a level 2 penalty if any mobile and relocatable mining electrical equipment or conductor supplying that equipment that is used at an alluvial mining operation or a quarrying operation—

(a)

has not been designed or constructed in accordance with subclause (1)(a); or

(b)

has not been tested, inspected, or connected in accordance with subclause (1)(b); or

(c)

has not been installed or relocated in accordance with subclause (1)(c); or

(d)

has not been maintained or replaced in accordance with subclause (2).

Compare: SR 2010/36 r 59

Regulation 78C: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78D Periodic assessment of equipment and conductors at alluvial mining operations and quarrying operations

(1)

All mobile and relocatable mining electrical equipment and conductors supplying that equipment at an alluvial mining operation or a quarrying operation must be periodically assessed to determine whether they are electrically safe and otherwise comply with regulation 17(1)(c) and all of the requirements of Part 1 of Schedule 8.

(2)

The assessments referred to in subclause (1) must be carried out—

(a)

at least once annually; and

(b)

in accordance with AS/NZS 3007; and

(c)

by a person who is authorised to inspect mining electrical equipment in the relevant location.

(3)

A person who does a periodic assessment must—

(a)

ensure that the results of the assessment are recorded on the form (if any) approved by WorkSafe; and

(b)

give the record of the assessment to the person requesting the assessment; and

(c)

keep a copy of that record for at least 3 years, or send a copy to WorkSafe.

(4)

An operator commits an offence and is liable on conviction to a level 1 penalty if any mobile or relocatable mining electrical equipment or conductor supplying that equipment is not assessed in accordance with subclause (1).

(5)

A person who does an assessment for the purposes of this regulation commits an offence and is liable on conviction to a level 2 penalty if he or she—

(a)

is not authorised to inspect mining electrical equipment in the relevant location; or

(b)

fails to comply with subclause (3).

(6)

An operator who uses, or allows any other person to use, any equipment or conductor to which this regulation applies commits an offence and is liable on conviction to a level 2 penalty if—

(a)

the equipment or conductor has not been assessed in accordance with this regulation; and

(b)

the person knows that the equipment or conductor has not been assessed, or is reckless as to whether it has been assessed.

(7)

An operator commits an offence and is liable on conviction to a level 2 penalty if he or she uses, or allows any other person to use, any equipment or conductor that is required by this regulation to be periodically assessed and the operator knows that any person who assessed the equipment or conductor was not authorised to inspect mining electrical equipment in the relevant location.

Compare: SR 2010/36 r 75

Regulation 78D: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Opencast mining operations

Heading: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78E Obligations in relation to opencast mining operations

(1)

Regulations 78F and 78G and Parts 1 and 2 of Schedule 8 apply to—

(a)

all mobile and relocatable mining electrical equipment that is used, installed, or intended to be used at an opencast mining operation; and

(b)

all conductors that are used or intended to be used to supply that equipment with electricity.

(2)

A mine operator must ensure compliance with the requirements of Parts 1 and 2 of Schedule 8 in relation to all mobile and relocatable mining electrical equipment and conductors supplying that equipment that are used, installed, or intended to be used at an opencast mining operation.

(3)

Any mine operator who fails to comply or ensure compliance with any requirement in Part 1 or 2 of Schedule 8 in relation to any mobile and relocatable mining electrical equipment or conductor supplying that equipment that is used, installed, or intended to be used at an opencast mining operation commits an offence and is liable on conviction to a level 2 penalty.

Regulation 78E: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78F Standards for equipment at opencast mining operations

(1)

All mobile and relocatable mining electrical equipment and conductors supplying that equipment at an opencast mining operation must be—

(a)

designed and constructed so as to comply with whichever official standard listed in Schedule 4 applies to the equipment or conductor; and

(b)

tested, inspected, and connected so as to comply with AS/NZS 3007; and

(c)

installed or relocated in accordance with AS/NZS 3007.

(2)

Mobile and relocatable mining electrical equipment and conductors supplying that equipment at an opencast mining operation may only be maintained or replaced in 1 or more of the following ways:

(a)

such that the equipment and conductors comply with AS/NZS 3007:

(b)

such that the equipment and conductors are restored to, or maintained in, their original condition:

(c)

by complying with all manufacturer’s instructions relating to the equipment and conductors, and other fittings used in, or affected by, the maintenance or replacement.

(3)

An operator commits an offence and is liable on conviction to a level 2 penalty if any equipment or conductor that is used at an opencast mining operation—

(a)

has not been designed or constructed in accordance with subclause (1)(a); or

(b)

has not been tested, inspected, or connected in accordance with subclause (1)(b); or

(c)

has not been installed or relocated in accordance with subclause (1)(c); or

(d)

has not been maintained or replaced in accordance with subclause (2).

Compare: SR 2010/36 r 59

Regulation 78F: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78G Safety assessment programmes at opencast mining operations

(1)

A mine operator must establish and implement a safety assessment programme that complies with subclause (2) for regularly assessing the electrical safety of mobile and relocatable mining electrical equipment and conductors supplying that equipment that are used or installed at an opencast mining operation.

(2)

The safety assessment programme must—

(a)

require that all electrical work carried out on mobile and relocatable mining electrical equipment and conductors supplying that equipment is assessed and verified for compliance with regulation 17(1)(c); and

(b)

provide for the periodic assessment of mobile and relocatable mining electrical equipment and conductors supplying that equipment to determine whether they are electrically safe and otherwise comply with all of the requirements of Part 1 of Schedule 8; and

(c)

require records to be kept of—

(i)

the results of every periodic assessment; and

(ii)

details of any issues found during the assessment; and

(iii)

any actions required to be taken in relation to those issues; and

(iv)

any actions that were taken immediately in relation to the issues.

(3)

The assessments referred to in subclause (2)(b) must be carried out—

(a)

at least once annually; and

(b)

in accordance with AS/NZS 3007; and

(c)

by a person who is authorised to inspect mining electrical equipment in the relevant location.

(4)

An operator commits an offence and is liable on conviction to a level 1 penalty if—

(a)

he or she fails to comply with subclause (1):

(b)

any electrical work carried out at the mining operation is not assessed in accordance with subclause (2)(a):

(c)

any mining electrical equipment or conductor is not assessed in accordance with subclause (2)(b):

(d)

he or she fails to keep the records required under subclause (2)(c).

(5)

An operator who uses, or allows any other person to use, any mining electrical equipment or conductor supplying that equipment commits an offence and is liable on conviction to a level 2 penalty if—

(a)

the equipment or conductor has not been assessed in accordance with subclause (3); and

(b)

the operator knows that the equipment has not been assessed, or is reckless as to whether the equipment has been assessed.

(6)

An operator commits an offence and is liable on conviction to a level 2 penalty if he or she uses, or allows any other person to use, any equipment or conductor that is required by this regulation to be periodically assessed and the operator knows that any person who assessed the equipment was not authorised to inspect mining electrical equipment in the relevant location.

Compare: SR 2010/36 r 40

Regulation 78G: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Tunnelling operations and underground mining operations

Heading: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78H Obligations in relation to tunnelling operations

(1)

Regulations 78J and 78K and Parts 1 to 3 of Schedule 8 apply to—

(a)

all mining electrical equipment that is used, installed, or intended to be used at a tunnelling operation; and

(b)

all conductors that are used or intended to be used to supply that equipment with electricity.

(2)

A mine operator must ensure compliance with the requirements of Parts 1 to 3 of Schedule 8 in relation to all mining electrical equipment and conductors supplying that equipment that are used, installed, or intended to be used at a tunnelling operation.

(3)

A mine operator who fails to comply or ensure compliance with any requirement in Parts 1 to 3 of Schedule 8 in relation to any mining electrical equipment or conductor supplying that equipment that is used, installed, or intended to be used at a tunnelling operation commits an offence and is liable on conviction to a level 2 penalty.

Regulation 78H: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78I Obligations in relation to underground mining operations

(1)

Regulations 78J and 78K and Schedule 8 apply to—

(a)

all mining electrical equipment that is used, installed, or intended to be used at an underground mining operation; and

(b)

all conductors that are used or intended to be used to supply that equipment with electricity.

(2)

A mine operator must ensure compliance with the requirements of Schedule 8 in relation to all mining electrical equipment and conductors supplying that equipment that are used, installed, or intended to be used at an underground mining operation.

(3)

A mine operator who fails to comply or ensure compliance with any requirement in Schedule 8 in relation to any mining electrical equipment or conductor supplying that equipment that is used, installed, or intended to be used at an underground mining operation commits an offence and is liable on conviction to a level 2 penalty.

Regulation 78I: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78J Certified designs for mining electrical equipment and conductors at tunnelling operations and underground mining operations

(1)

A mine operator must ensure that there is a certified design for mining electrical equipment and conductors supplying that equipment at—

(a)

every underground mining operation:

(b)

every tunnelling operation.

(2)

A design for mining electrical equipment and conductors is a certified design if—

(a)

it identifies the location or proposed location of—

(i)

all mining electrical equipment installed and used at the tunnelling operation or underground mining operation; and

(ii)

all conductors supplying that equipment; and

(b)

it identifies the standards (if any) with which the following comply or are intended to comply:

(i)

all mining electrical equipment installed and used at the tunnelling operation or underground mining operation; and

(ii)

all conductors supplying that equipment; and

(c)

it is signed and dated by the person or persons who prepared it.

(3)

A certified design for mining electrical equipment and conductors must—

(a)

specify—

(i)

how mining electrical equipment (including cables and other fittings) will be installed; and

(ii)

how conductors will be installed; and

(iii)

how mobile and relocatable mining electrical equipment will be safely used, or is intended to be safely used, at the mining operation; and

(iv)

how the conductors that will supply mobile and relocatable mining electrical equipment will be safely used, or are intended to be safely used, at the tunnelling operation or underground mining operation; and

(v)

requirements for the testing, commissioning, and periodic assessment of the mining electrical equipment and conductors that is required; and

(vi)

in the case of an underground coal mining operation, the controls required to prevent the mining electrical equipment and conductors igniting any flammable gas; and

(vii)

requirements for the maintenance (including repairs and overhauls) of the mining electrical equipment, including safety-critical equipment; and

(viii)

requirements for the calibration and testing of safety-critical equipment; and

(ix)

periodic assessment of safety-critical equipment, including the frequency of verification; and

(b)

be such that, if the mining electrical equipment and conductors supplying that equipment are installed, tested, inspected, and connected in accordance with the design, they will—

(i)

comply with these regulations; and

(ii)

be electrically safe, as required by regulation 14.

(4)

A certified design must be prepared by a competent person or competent persons who—

(a)

are suitably qualified to design a certified design for mining electrical equipment and conductors that are to be installed or used in a tunnelling operation or an underground mining operation (as the case may be); and

(b)

collectively have adequate knowledge, training, skills, and experience of—

(i)

the control of earth potential rise; and

(ii)

the use of relocatable mining electrical equipment; and

(iii)

the performance of safety functions required for mining activities and mining electrical equipment; and

(iv)

risk management; and

(v)

if the certified design is for equipment in an underground coal mining operation, the control of the ignition of methane.

(5)

A person who installs, tests, inspects, or connects mining electrical equipment or conductors to which a certified design under this regulation relates is (if acting in good faith) entitled to rely on the design as ensuring that, if the mining electrical equipment and conductors are installed, tested, inspected, and connected in accordance with the design, they will comply with these regulations.

(6)

For the purpose of subclause (3)(b)(ii), mining electrical equipment and conductors at a tunnelling operation are deemed to be electrically safe if they are installed, tested, inspected, and connected in accordance with a certified design that complies with BS 6164.

(7)

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

(a)

falsely certifies a design for mining electrical equipment and conductors; or

(b)

certifies a design that does not comply with this regulation.

Regulation 78J: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78K Safety assessment programmes at tunnelling operations and underground mining operations

(1)

A mine operator must establish and implement a safety assessment programme that complies with subclause (2) for regularly assessing and verifying the electrical safety of all mining electrical equipment and conductors supplying that equipment that are installed or used at a tunnelling or an underground mining operation.

(2)

The safety assessment programme must—

(a)

provide for the periodic assessment of the mining electrical equipment and conductors supplying that equipment that are installed or used at the mining operation—

(i)

at least once annually; and

(ii)

by a person who is authorised to inspect electrical work on mining electrical equipment in the relevant location; and

(b)

require daily assessments of all reeling and trailing cables to ensure that they are not damaged; and

(c)

require daily assessments of the following to ensure that they are operating effectively:

(i)

all safety-critical equipment; and

(ii)

all isolation fittings associated with reeling and trailing cables; and

(d)

require records to be kept of—

(i)

the results of every daily and periodic assessment; and

(ii)

details of any issues found during the assessment; and

(iii)

the actions required to be taken in relation to those issues; and

(iv)

any actions that were taken immediately in relation to those issues.

(3)

Assessments of mining electrical equipment and conductors under subclause (2) must be carried out—

(a)

to determine—

(i)

if the equipment and conductors are electrically safe; and

(ii)

compliance with Part 1 of Schedule 8; and

(iii)

in the case of an underground coal mining operation, whether suitable controls are in place to prevent the equipment and conductors igniting any flammable gas; and

(b)

in accordance with the following:

(i)

in the case of tunnelling operations, BS 6164:

(ii)

in the case of underground mining operations, the equipment’s certified design.

(4)

An operator commits an offence and is liable on conviction to a level 1 penalty if—

(a)

he or she fails to comply with subclause (1):

(b)

any assessment is not carried out in accordance with subclause (2)(a), (b), or (c):

(c)

he or she fails to keep the records required under subclause (2)(d).

(5)

An operator who uses, or allows any other person to use, any mining electrical equipment or conductor supplying that equipment commits an offence and is liable on conviction to a level 2 penalty if—

(a)

the equipment or conductor has not been assessed in accordance with subclause (3); and

(b)

the operator knows that the equipment or conductor has not been assessed, or is reckless as to whether the equipment has been assessed.

(6)

An operator commits an offence and is liable on conviction to a level 2 penalty if he or she uses, or allows any other person to use, any equipment or conductor that is required by this regulation to be periodically assessed and the operator knows that any person who assessed the equipment was not authorised to inspect mining electrical equipment in the relevant location.

Compare: SR 2010/36 r 40

Regulation 78K: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78L General offences

(1)

Any person who installs a socket-outlet referred to in clause 6(1) of Schedule 8 otherwise than in accordance with that subclause commits an offence and is liable on conviction to a level 2 penalty.

(2)

A person who fails to test prescribed electrical work as required by clause 7 or 8 of Schedule 8 commits an offence and is liable on conviction to a level 2 penalty.

(3)

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

(a)

fails to inspect the work sufficiently to be satisfied of the matters in clause 9(3) of Schedule 8; or

(b)

gives a written record of inspection that is false in a material respect.

(4)

A person who connects any mining electrical equipment or conductors supplying that equipment in breach of any requirement of clause 12 of Schedule 8 commits an offence and is liable on conviction to a level 2 penalty.

(5)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she—

(a)

issues an electrical safety certificate when he or she is not satisfied as required by clause 13(1) of Schedule 8; or

(b)

issues an electrical safety certificate that does not comply with clause 13(3) of Schedule 8; or

(c)

fails to issue an electrical safety certificate, if required to, within the time required by clause 15 of Schedule 8.

(6)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply with any of the requirements of clause 16 of Schedule 8.

Regulation 78L: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Tourist mining operations

Heading: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

78M Obligations in relation to tourist mining operations

(1)

A mine operator of a tourist mining operation must ensure that—

(a)

mining electrical equipment and conductors supplying that equipment are installed, tested, and inspected so as to comply with AS/NZS 3012:

(b)

the supply of electricity to the equipment and conductors does not exceed that of a reduced low voltage system.

(2)

Regulations 78B, 78E, and 78H, and Schedule 8 do not apply to tourist mining operations that comply with subclause (1).

Regulation 78M: inserted, on 31 December 2013, by regulation 27 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Part 6 Safety of fittings and appliances

79 Maintenance of domestic appliances

(1)

A person who carries out prescribed electrical work in reliance on the exemption in section 80 of the Act (exemption for maintenance of domestic appliances) must carry it out in accordance with ECP 50.

(2)

For the purposes of section 80(1)(c) of the Act, the prescribed electrical work that the owner of any appliance may do or assist in doing is work on appliances that operate at low voltage.

Compare: SR 1997/60 r 48

80 New and used fittings and appliances to be electrically safe

(1)

Every new or used fitting, and every new or used appliance, that is sold, offered for sale, supplied, or offered for supply must be electrically safe.

(2)

A new fitting or appliance is, for the purpose of this regulation, deemed to be electrically safe if—

(a)

it complies with—

(i)

AS/NZS 3820; or

(ii)

whichever official standard listed in Schedule 4 applies to the fitting or appliance; or

(b)

in relation to an appliance imported into New Zealand in purported compliance with the Conformity Cooperation Agreement, it complies with the requirements of that Agreement.

(3)

A used appliance is, for the purpose of this regulation, deemed to be electrically safe if, at the time it is sold or offered for sale,—

(a)

it is tested, inspected, and tagged in accordance with AS/NZS 5761; or

(b)

it has been disabled and marked in accordance with AS/NZS 4701; or

(c)

in the case of a used electrical medical device, it is tested and marked in accordance with AS/NZ 3551.

(4)

A person who sells, offers for sale, supplies, or offers for supply a new or used fitting or appliance, knowing that, or being reckless as to whether, the fitting or appliance is electrically unsafe, commits an offence and is liable on conviction to a level 2 penalty.

Compare: 1997/60 r 76

Regulation 80(1): amended, on 1 February 2014, by clause 12(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 80(2): amended, on 1 February 2014, by clause 12(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 80(3): amended, on 1 February 2014, by clause 12(3) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 80(4): amended, on 1 February 2014, by clause 12(4) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 80(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 80(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

81 Evidence of compliance with standards

(1)

A test report or certificate of conformity that shows that a low voltage or extra-low voltage fitting or appliance complies with AS/NZS 3820 or any standard listed in Schedule 4 is conclusive evidence, in the absence of proof to the contrary, of compliance with regulation 80.

(2)

For the purposes of this regulation, a test report is an original or a certified copy of a report issued—

(a)

by a laboratory—

(i)

accredited by International Accreditation New Zealand; or

(ii)

accredited by a body that has a mutual recognition agreement with International Accreditation New Zealand; or

(iii)

approved as a testing laboratory by or under an international agreement between New Zealand and another country (being any territory for whose international relations the government of the country is responsible); or

(b)

under the Certification Body Scheme of the Worldwide System for Conformity Testing and Certification of Electrotechnical Equipment and Components, known as the IECEE CB Scheme.

(3)

For the purposes of this regulation, a certificate of conformity is a certificate issued by—

(a)

a body accredited by the Joint Accreditation System of Australia and New Zealand for product certification; or

(b)

a body accredited by a signatory to the International Accreditation Forum multilateral recognition arrangement for product certification.

Regulation 81(1): amended, on 10 November 2011, by regulation 33 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

82 Offences relating to false or incorrect marking

(1)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she tags or marks a fitting or appliance with a false or incorrect tag or marking relating to electrical safety.

(2)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she sells or offers for sale a fitting or appliance that bears CCC marks, but the marks—

(a)

were applied otherwise than in accordance with the Conformity Cooperation Agreement; or

(b)

do not comply with that Agreement.

Compare: 1997/60 r 100(ab)

Regulation 82(1): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 82(1): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 82(2): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 82(2): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

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).

83A Deemed approval by WorkSafe for sale of medium risk EESS products

(1)

A declared medium risk article is deemed to have WorkSafe’s approval if—

(a)

the article is a registered EESS product; and

(b)

the New Zealand manufacturer or importer is a registered EESS supplier in respect of that article.

(2)

WorkSafe may, by notice in the Gazette, specify conditions to which a deemed approval is subject.

(3)

WorkSafe may, by notice in the Gazette,—

(a)

vary or withdraw any deemed approval; or

(b)

vary or revoke any conditions, or specify additional conditions, to which the deemed approval is subject.

(4)

A notice given under subclause (2) or (3) takes effect on the seventh day after the date of notification.

Regulation 83A: inserted, on 1 February 2014, by clause 14 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

84 Declared high risk articles not to be sold unless approved

(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 high risk fittings or appliances (in this regulation and regulations 85 and 86 called declared high risk articles).

(2)

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

(a)

it is approved for sale by WorkSafe under regulation 85 and all conditions of the approval are complied with; or

(b)

it is deemed, under regulation 86, to be approved by WorkSafe, and all relevant terms and conditions of the deemed approval are complied with.

(3)

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

(a)

the article is not approved for sale under regulation 85; or

(b)

the article is approved for sale under regulation 85, or deemed to be approved under regulation 86 or 86A, but all relevant terms and conditions of the approval or deemed approval are not complied with.

(4)

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 101(1), (9)

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 84(1): amended, on 28 October 2021, by regulation 84(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 84(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 84(1): amended, on 10 November 2011, by regulation 35 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 84(2): amended, on 1 February 2014, by clause 15(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 84(2)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 84(2)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 84(3): amended, on 1 February 2014, by clause 15(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 84(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 84(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 84(3)(b): amended, on 1 February 2014, by clause 15(3) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 84(4): inserted, on 28 October 2021, by regulation 84(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

85 Approval by WorkSafe for sale of declared high risk articles

(1)

Any person may apply to WorkSafe for approval to sell a declared high risk article by applying in a form prescribed by WorkSafe and paying the prescribed fee set out in Schedule 5.

(2)

WorkSafe may refer the application to an experienced person for advice on compliance by the declared high risk article with electrical safety requirements.

(3)

WorkSafe must notify the applicant in writing of his or her decision and, if the application is approved, must notify the applicant of any conditions of the approval imposed by WorkSafe.

(4)

WorkSafe may, on giving 10 days’ notice in writing to the applicant,—

(a)

vary or withdraw the approval; or

(b)

vary or revoke any condition, or specify any additional conditions, to which the approval is subject.

Compare: SR 1997/60 r 101(2)–(8)

Regulation 85 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 85(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 85(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 85(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 85(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

86 Deemed approval by WorkSafe for sale of declared high risk articles

(1)

A declared high risk article is deemed to have WorkSafe’s approval if the article—

(a)

is approved or certified by an organisation or agency, or under a programme or regime, recognised by WorkSafe under subclause (2); and

(b)

complies, as required, with any terms or conditions of the approval or certification.

(2)

WorkSafe may, by notice in the Gazette, recognise an organisation or agency, or a programme or regime of compliance, for the purposes of subclause (1).

(3)

WorkSafe may, by notice in the Gazette, specify conditions to which a deemed approval is subject.

(4)

WorkSafe may, by notice in the Gazette,—

(a)

vary or withdraw any deemed approval; or

(b)

vary or revoke any conditions, or specify additional conditions, to which the deemed approval is subject.

(5)

A notice given under subclause (4) takes effect on the seventh day after the date of notification.

Compare: SR 1997/60 r 101(6)(b), (7)(b), (8), (9), (10)

Regulation 86 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 86(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 86(1)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 86(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 86(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 86(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

86A Deemed approval by WorkSafe for sale of high risk EESS products

(1)

A declared high risk article is deemed to have WorkSafe’s approval if—

(a)

the article is a registered EESS product; and

(b)

the New Zealand manufacturer or importer is a registered EESS supplier in respect of that article.

(2)

WorkSafe may, by notice in the Gazette, specify conditions to which a deemed approval is subject.

(3)

WorkSafe may, by notice in the Gazette,—

(a)

vary or withdraw any deemed approval; or

(b)

vary or revoke any conditions, or specify additional conditions, to which the deemed approval is subject.

(4)

A notice given under subclause (2) or (3) takes effect on the seventh day after the date of notification.

Regulation 86A: inserted, on 1 February 2014, by clause 16 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

87 Prohibitions relating to fittings and appliances

(1)

If WorkSafe believes on reasonable grounds that a fitting or appliance is, or may be, electrically unsafe, WorkSafe may prohibit all or any of the following activities in relation to the fitting or appliance: its manufacture, importation, sale (including an offer to sell), or use (including installation).

(2)

If a fitting or appliance is imported into New Zealand in purported compliance with the Conformity Cooperation Agreement but it does not in fact comply with the Conformity Cooperation Agreement, WorkSafe may prohibit all or any of the following activities in relation to the fitting or appliance: its importation, sale (including an offer to sell), installation, or use (including installation).

(3)

A prohibition under this regulation—

(a)
[Revoked]

(b)

takes effect on and from the date specified in it, which must be later than the date on which it is published under the Legislation Act 2019; and

(c)

must adequately describe the fitting or appliance, or class of fitting or appliance, being prohibited; and

(d)

must give brief reasons for the belief that the fitting or appliance,—

(i)

if subclause (1) applies, is or may be electrically unsafe; or

(ii)

if subclause (2) applies, does not comply with the Conformity Cooperation Agreement.

(4)

If WorkSafe knows a New Zealand address of the manufacturer, importer, seller, or user concerned, WorkSafe must give notice of the prohibition to that person before the date on which the prohibition takes effect.

(5)

A prohibition made under this regulation may be varied or revoked in the same way that it may be made.

(6)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she manufactures, imports, sells (including offering to sell), or uses (including installs) any fitting or appliance contrary to a prohibition made under this regulation.

(7)

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

Compare: SR 1997/60 r 102

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 87(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 87(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 87(3)(a): revoked, on 28 October 2021, by regulation 85(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 87(3)(b): amended, on 28 October 2021, by regulation 85(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 87(4): amended, on 28 October 2021, by regulation 85(3) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 87(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 87(6): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 87(6): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 87(7): inserted, on 28 October 2021, by regulation 85(4) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

88 Supply of electricity to hand-held appliances

(1)

Hand-held appliances must be connected to a supply of electricity by—

(a)

a plug of suitable capacity; or

(b)

a cord connector of suitable capacity; or

(c)

a permanent connection.

(2)

The voltage of electricity supplied to a hand-held appliance must not exceed 250 AC volts to earth.

(3)

A person commits an offence and is liable on conviction to a level 2 penalty if he or she installs or uses a hand-held appliance when either subclause (1) or (2) is not complied with.

Compare: SR 1997/60 rr 77(1), (2)

Regulation 88(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 88(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

89 Use of hand-held appliances in certain high-risk situations

(1)

If a hand-held appliance (including a hand-held lighting appliance) is used by a person who is partly or wholly immersed in a conducting substance, or who is in a substantially conductive situation, the appliance must be—

(a)

fixed-wired and connected through a continuous flexible cord to a supply of electricity from a source isolated from earth with a voltage between conductors not exceeding 250 AC volts; or

(b)

supplied with electricity from a safety extra-low voltage source; or

(c)

double-insulated and supplied with electricity through an RCD that provides protection against electric shock.

(2)

If a hand-held appliance (including a hand-held lighting appliance) is used indoors in a situation that is normally damp, or is used outdoors, or in a building or structure under construction, the appliance must be—

(a)

fixed-wired and connected through a continuous flexible cord to a supply of electricity from a source isolated from earth with a voltage between conductors not exceeding 250 AC volts; or

(b)

supplied with electricity from a safety extra-low voltage source; or

(c)

supplied with electricity from a monitored earth circuit where the supply to the appliance is automatically interrupted if the earth to the appliance is broken or detached; or

(d)

supplied with electricity from a source connected to earth so that the voltage to earth will not be greater than 55 AC volts; or

(e)

supplied with electricity through an RCD that provides protection against electric shock; or

(f)

supplied with electricity from a source isolated from earth with a voltage between conductors not exceeding 250 AC volts; or

(g)

double-insulated.

(3)

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

(a)

uses a hand-held appliance in breach of subclause (1) or (2); or

(b)

allows another person to use a hand-held appliance in a manner that breaches subclause (1) or (2); or

(c)

supervises the use of a hand-held appliance and that use breaches the requirements of subclause (1) or (2).

Compare: SR 1997/60 r 77(3), (4)

Regulation 89 heading: amended, on 1 February 2014, by clause 17(1) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 89(1): amended, on 1 February 2014, by clause 17(2) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 89(2): amended, on 1 February 2014, by clause 17(3) of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 89(2)(c): amended, on 10 November 2011, by regulation 36(1)(a) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 89(2)(c): amended, on 10 November 2011, by regulation 36(1)(b) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 89(3): substituted, on 10 November 2011, by regulation 36(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 89(3): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 89(3): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

89A Use of hand-held appliances in cramped spaces

(1)

If a hand-held appliance (including a hand-held lighting appliance) is used by a person who is in a space where physical movement is severely restricted or obstructed (including, if appropriate, in a motor vehicle workshop), the appliance must be—

(a)

fixed-wired and connected through a continuous flexible cord to a supply of electricity from a source isolated from earth with a voltage between conductors not exceeding 250 AC volts; or

(b)

supplied with electricity from a safety extra-low voltage source; or

(c)

double-insulated and supplied with electricity through an RCD that provides protection against electric shock.

(2)

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

(a)

uses a hand-held appliance in breach of subclause (1); or

(b)

allows another person to use a hand-held appliance in a manner that breaches subclause (1); or

(c)

supervises the use of a hand-held appliance and that use breaches the requirements of subclause (1).

Regulation 89A: inserted, on 1 February 2014, by clause 18 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Testing appliances

90 Testing appliances after certain work done on them

(1)

A person must comply with subclause (2) before releasing an appliance from his or her control if the person has—

(a)

done any prescribed electrical work on the appliance; or

(b)

done any work on the appliance that may affect its electrical safety.

(2)

The person must test the appliance and either—

(a)

confirm that it is electrically safe in accordance with the following:

(i)

in the case of prescribed electrical work done in reliance on section 80 of the Act (exemption for maintenance of domestic appliances): ECP 50:

(ii)

in the case of low or extra-low voltage electrical medical devices: AS/NZS 3551:

(iii)

in the case of all other low or extra-low voltage appliances: AS/NZS 5762; or

(b)

if the appliance is electrically unsafe, adequately disable and mark it.

(3)

A person is deemed to comply with subclause (2)(b) if he or she disables and marks the appliance in accordance with AS/NZS 4701.

(4)

A person who fails to comply with subclause (2) commits an offence and is liable on conviction to a level 2 penalty.

Compare: SR 1997/60 r 38

Regulation 90(2)(a): amended, on 10 November 2011, by regulation 37 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 90(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 90(4): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Periodic assessment of electrical medical devices

Heading: replaced, on 1 February 2014, by clause 19 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

91 Periodic assessment of electrical medical devices

(1)

The owner of an electrical medical device must ensure that the device is periodically assessed in accordance with AS/NZS 3551 to determine whether it is electrically safe and complies with that standard.

(2)

The results of each periodic assessment must be recorded in accordance with AS/NZS 3551, and the owner must retain the record.

(3)

The person who completes the assessment must—

(a)

give the record of the assessment to the person who requested the assessment; and

(b)

keep a copy of it for at least 3 years, or send a copy to WorkSafe.

(4)

A person who owns an electrical medical device commits an offence and is liable on conviction to a level 1 penalty if the device is not assessed in accordance with subclause (1).

(5)

A person who owns or operates an electrical medical device commits an offence and is liable on conviction to a level 1 penalty if the person uses, or allows another person to use, the electrical medical device knowing that it has not been assessed as required by this regulation, unless, because of an emergency, use of the device is justified in the circumstances.

Compare: SR 1997/60 r 46(2)(c), (d), (3), (4)

Regulation 91: replaced, on 1 February 2014, by clause 19 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Part 7 Registration, employer licences, and Board provisions

What supervised persons and trainees may do

92 Limits of work that supervised persons may do

(1)

For the purposes of section 76(a) of the Act, the prescribed electrical work that a person who is under supervision may do, or assist in doing, is any work that is within the scope of work that the person’s supervisor is authorised to do, except that a person under supervision may not—

(a)

connect or disconnect a supply of electricity to works or an installation or appliance; or

(b)

do any certification or inspection of works, installations, fittings, or appliances.

(2)

Despite section 76(c) of the Act, a supervised person may test works, installations, fittings, or appliances that are connected to a power supply provided there is no direct access to live parts at a voltage above extra-low voltage.

93 Limits of work that trainees may do

For the purposes of section 77(1)(a) of the Act, the prescribed electrical work that a trainee may do, or assist in doing, is any work that is within the particular class of work for which the trainee is seeking registration, and that is within the scope of work that the trainee’s supervisor is authorised to do.

Compare: SR 1997/60 r 23

Employer licences

94 Requirements for system of operation of holders of employer licences

(1)

For the purposes of section 115(1)(a) of the Act, the requirements for the system of operation that must be maintained by the holder of an employer licence are that the holder—

(a)

identifies the prescribed electrical work (identified prescribed electrical work) that will be undertaken under the licence; and

(b)

identifies the skills and training required in order to carry out each kind of identified prescribed electrical work; and

(c)

has in place procedures for each of the following:

(i)

carrying out, supervising, and monitoring the identified prescribed electrical work:

(ii)

investigating injuries caused to persons, and damage caused to property, as a result of carrying out any identified prescribed electrical work:

(iii)

taking action to prevent, and in response to, injuries to persons or damage to property that results from carrying out the identified prescribed electrical work; and

(d)

maintains a manual that sets out the matters listed in subclause (2).

(2)

The manual referred to in subclause (1)(d) must set out—

(a)

all the matters referred to in subclause (1)(a) to (c); and

(b)

the names of every employee of the holder who is to carry out identified prescribed electrical work, along with a description of the identified prescribed electrical work that each employee is trained, and has the skills, to do; and

(c)

the location and address of each place of work from which the holder of the licence operates, and that is intended to be covered by the licence; and

(d)

a contact person for the licence, who must be an employee of the holder, identified by name or position.

Compare: SR 1997/60 r 16

95 Certification of system of operation

(1)

For the purposes of section 116(1) of the Act, an approved person may certify a system of operation if the approved person is satisfied that—

(a)

the system of operation is sufficient to ensure that the employer’s employees who do, or assist in doing, prescribed electrical work—

(i)

are competent to carry out the range of work for which they are employed; and

(ii)

receive the supervision and training necessary to ensure that the work is carried out safely and competently, and that the work complies with the requirements of the Act and these regulations; and

(b)

the employer has and maintains a manual referred to in regulation 94(1)(d) that complies with regulation 94(2); and

(c)

the procedures referred to in regulation 94(1)(c) are being followed.

(2)

The form of the certificate may be prescribed by the Board.

96 Approved persons

(1)

For the purposes of section 116(3) of the Act, the class of persons designated as approved persons is the class of persons whose names appear on a list, maintained by the Board, of persons who

(a)

are accredited auditors; and

(b)

satisfy the Board that they are capable of certifying whether a system of operation complies with section 115(1)(a) and (b) of the Act.

(2)

The Board may remove from the list the name of any person who the Board is satisfied does not meet the requirements of subclause (1) and must give written notice to the person concerned.

(3)

Until the date that is 6 months after the date on which this regulation comes into force, the list must include the name of every person who applies (whether before or after this regulation comes into force) to have his or her name on the list and who satisfies paragraph (a) of subclause (1); but after that date, the list may contain only the names of people who satisfy both paragraph (a) and paragraph (b) of subclause (1).

Regulation 96(1): amended, on 10 November 2011, by regulation 38(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 96(1)(a): substituted, on 10 November 2011, by regulation 38(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Board provisions

97 Search criteria for register of electrical workers

The register of electrical workers may be searched by reference to any, or any combination, of the following criteria:

(a)

the name, or any part of the name, of a person:

(b)

the name of a town or city:

(c)

a New Zealand post code:

(d)

the name of a company or body corporate:

(e)

a unique identifier issued to an electrical worker or employer licence holder by the Registrar appointed by the Board:

(f)

a licensing class.

98 Form of complaints

Every complaint made to the Board under section 144 of the Act must be made in writing and be addressed to the Registrar appointed by the Board.

99 Fees payable to Board

(1)

The fees specified in Schedule 6 are payable to the Board in respect of the matters specified in that schedule.

(2)

The fees specified in Schedule 6 are exclusive of goods and services tax.

(3)

The Board may waive, refund, or remit the whole or any part of a fee that would otherwise be payable to it in any of the following circumstances:

(a)

the application is for a practising licence that is issued for a period of less than 1 year:

(b)

a fee is overpaid or paid in error:

(c)

a person paying a fee for a particular type of application has, within the previous 12 months, paid a fee for the same type of application:

(d)

in the case of an applicant for a practising licence, the cost of carrying out the Board’s obligations under section 149(k) of the Act in respect of the class of work (or category of the class of work) for which the applicant is registered does not justify charging the full fee for the application:

(e)

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

(4)

An instrument granting a waiver, refund, or remission is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

Compare: SR 1997/60 r 109

Legislation Act 2019 requirements for secondary legislation made under this regulation
PublicationIt is not required to be publishedLA19 s 73(2)
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 99(2): amended, on 21 January 2019, by regulation 4 of the Electricity (Safety) Amendment Regulations 2018 (LI 2018/248).

Regulation 99(3)(e): inserted, on 1 July 2013, by regulation 13 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 99(4): inserted, on 28 October 2021, by regulation 86 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Part 8 Working practices

100 Safety responsibilities of person who carries out work

(1)

A person who carries out any prescribed electrical work, or any work referred to in clause 2(e) to (h) of Schedule 1, must, so far as is reasonably practicable,—

(a)

before beginning the work, check that any associated equipment and personal protective equipment to be used by that person is in good order and condition, and is safe for its intended use; and

(b)

follow the procedures approved by the employer (if any) for the work to be carried out; and

(c)

use the associated equipment and the personal protective equipment provided in a competent manner; and

(d)

comply with AS/NZS 4836 or the certified design for all electrical work carried out on electrical equipment operating at low or extra-low voltage.

(2)

The responsibilities set out in this regulation of a person carrying out work are in addition to, and do not limit, the responsibilities of that person under the Health and Safety at Work Act 2015.

Compare: SR 1997/60 r 36

Regulation 100(1): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 100(1)(a): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 100(1)(b): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 100(1)(c): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 100(1)(c): amended, on 31 December 2013, by regulation 28(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 100(1)(d): inserted, on 31 December 2013, by regulation 28(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 100(1)(d): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 100(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

101 Responsibility of employers for safety of employees

(1)

An employer who employs a person to carry out any prescribed electrical work, or any work referred to in clause 2(e) to (h) of Schedule 1, must ensure, so far as is reasonably practicable, the safety of the employee while carrying out the work and must take the steps described in subclauses (2) and (3) in particular.

(2)

The employer must, so far as is reasonably practicable,—

(a)

provide safe working procedures for employees to follow when carrying out the work; and

(b)

ensure that any associated equipment and personal protective equipment used by an employee is arranged, designed, made, tested, inspected, and maintained so that it is safe for the employee to use.

(3)

The employer must ensure, so far as is reasonably practicable, that the employee who carries out the work—

(a)

has adequate knowledge and experience of the type of work being carried out; and

(b)

has been adequately trained in the safe use of the associated equipment, the personal protective equipment, and the procedures for carrying out the work; and

(c)

immediately before the start of the work, checks that the associated equipment and personal protective equipment is in good order and condition; and

(d)

uses the equipment and the procedures that the employer has approved for the work.

(4)

Subclause (3)(a) does not apply if the employee is in training and the employer ensures that the employee is adequately supervised to ensure the safety of the employee.

(5)

The responsibilities of the employer set out in this regulation are in addition to, and do not limit, the responsibilities of the employer under the Health and Safety at Work Act 2015.

Compare: SR 1997/60 r 35

Regulation 101(1): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 101(2): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 101(3): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 101(5): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

102 Work on live high voltage overhead electric lines

Work on live high voltage overhead electric lines must be carried out in accordance with ECP 46.

Compare: 1997/60 r 28

103 Work on live conductors of low voltage overhead electric lines in installations

(1)

This regulation applies when a person is working on live conductors of low voltage overhead electric lines in installations—

(a)

that have exposed live metal; or

(b)

if there is a likelihood of accidental contact with any other conductor or bare earthed metal.

(2)

The person may carry out the work only if he or she uses the associated equipment and personal protective equipment that is necesssary to ensure his or her safety and the safety of other persons in the vicinity of the work.

Compare: SR 1997/60 r 29

103A Work on or near bare live conductors in alluvial mining operations, mining operations, and quarrying operations

Every alluvial mine operator, mine operator, and quarry operator must ensure that no mine worker carries out work on a bare live conductor, or so near a bare live conductor as to make it likely that the conductor will be a cause or source of harm to any person, unless—

(a)

it is not reasonable in any circumstances for the conductor to be isolated and earthed; and

(b)

it is reasonable in all the circumstances for the mine worker to work on or near the conductor while it is live; and

(c)

all suitable precautions (including the use of suitable protective equipment) are taken to prevent harm or injury to any person.

Regulation 103A: inserted, on 31 December 2013, by regulation 29 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

104 Work on isolated high voltage fittings

(1)

This regulation applies while a person is working on high voltage fittings that are—

(a)

isolated from a supply of electricity; or

(b)

disconnected from a supply of electricity, if there is a significant risk that the person may suffer serious harm from an electric shock in the event of the fittings becoming live other than by way of reconnection of the supply of electricity.

(2)

The person doing the work must ensure that the fittings are earthed before the work is commenced and that they remain earthed until the work is completed.

(3)

The person doing the work need not comply with subclause (2) if—

(a)

the person carries out the work using the procedures approved by the person’s employer (if any); and

(b)

the person uses appropriate associated equipment.

(4)

The fittings must be sufficiently earthed to protect any person working on them from exposure to a significant risk of electric shock or other injury.

(5)

A temporary earthing device applied to a fitting must be adequate to carry any short circuit current that may flow.

(6)

A person may remove an earthing device to test a fitting, but must ensure, so far as is reasonably practicable, his or her own safety and the safety of others in the vicinity.

Compare: SR 1997/60 r 32

Regulation 104: substituted, on 10 November 2011, by regulation 39 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 104(6): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

105 Work stringing additional conductors between poles or other supports

(1)

This regulation applies to work that consists of stringing additional conductors between poles or other supports where the poles or other supports already hold conductors.

(2)

The person carrying out work to which this regulation applies must ensure that—

(a)

the existing conductors held by the poles or other supports are isolated and earthed before the work is commenced, and that they remain isolated and earthed until the work is completed; or

(b)

the additional conductors are earthed before the work is commenced, and—

(i)

they remain earthed until the work is completed; and

(ii)

the appropriate associated equipment referred to in regulation 101(2)(b) is used while carrying out the work.

(3)

No person may be on a cross-arm of a pole or other support that carries conductors, other than the cross-arm of a tower or similar structure, while additional conductors are being pulled up or tensioned.

Compare: SR 1997/60 r 31

Regulation 105(3): replaced, on 1 February 2014, by clause 20 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

106 Notices when working on works and installations

(1)

A person carrying out work on works or installations that are isolated from a power supply must, if there is a risk of unintentional enlivening of the works or installations, ensure that suitable notices warning against enlivening are fixed at a point where the power supply may be connected or restored.

(2)

If works or installations have a locking facility for isolating them from the power supply, then any person isolating the works or installations must use that facility to lock the isolation.

Compare: SR 1997/60 r 34(1), (2)

Regulation 106: substituted, on 10 November 2011, by regulation 41 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

107 Offences relating to Part 8

A person commits an offence and is liable on conviction to a level 2 penalty if he or she fails to comply, so far as is reasonably practicable, with the requirements of any of regulations 100 to 106.

Compare: SR 1997/60 r 51(a)

Regulation 107: amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).

Regulation 107: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 107: amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Part 9 Miscellaneous

WorkSafe’s powers and obligations

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

108 WorkSafe’s power to prescribe forms, etc

(1)

WorkSafe may prescribe any form referred to in these regulations as a form prescribed by WorkSafe.

(2)

WorkSafe may prescribe the form for warrant of electrical fitness stickers for the purpose of regulation 78(3)(c).

Regulation 108 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 108(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 108(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

109 WorkSafe’s power to exempt from requirements

(1)

Worksafe may, if it is satisfied that safety will be ensured despite the exemption and that the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption, exempt specific works, installations, fittings, appliances, associated equipment, persons, or things from any requirement imposed by or under all or any of the following:

(a)

in Part 3, regulations 27(2), 28, 29, 31, and 33:

(b)

in Part 4, regulations 38 and 44:

(c)

in Part 5, regulations 57, 59, 60, 61AA, 74, 74E, and 74G:

(d)

any provision in Part 5A:

(e)

in Part 6, regulations 88, 89, and 91:

(f)

any provision in Schedule 8.

(2)

An application for exemption must—

(a)

specify the precise exemption sought and the reason; and

(b)

demonstrate how safety, including electrical safety, will be ensured if the exemption is granted; and

(c)

be made on a form prescribed by WorkSafe; and

(d)

be accompanied by the fee prescribed in Schedule 5.

(3)

Every exemption—

(a)

must be in writing; and

(b)

must specify the period for which it applies; and

(c)

may impose conditions on the exemption.

(4)

WorkSafe may amend or revoke an exemption—

(a)

if the holder of the exemption asks; or

(b)

in order to prevent potential serious harm to any person or significant damage to property, but only after giving the holder at least 20 working days’ notice of the proposed amendment or revocation; or

(c)

if WorkSafe is satisfied that the holder is not complying, or has not complied, with any conditions on the exemption, in which case the amendment or revocation has effect on the date of, or any later date specified in, WorkSafe’s notice.

(5)

WorkSafe must give notice of an exemption, and any amendment or revocation of it, to the applicant.

(6)

An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

Compare: SR 1997/60 r 103

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

Regulation 109(1): replaced, on 31 December 2013, by regulation 30(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 109(2)(b): amended, on 10 November 2011, by regulation 42 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 109(2)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(4)(c): amended, on 31 December 2013, by regulation 30(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 109(4)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(5): replaced, on 28 October 2021, by regulation 87 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 109(6): inserted, on 28 October 2021, by regulation 87 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

110 Issuing urgent instructions, orders, or requirements

(1)

In any case of urgency, WorkSafe may issue instructions, orders, or requirements for securing the protection of persons from injury caused, directly or indirectly, by electricity.

(2)

[Revoked]

(3)

No instruction, order, or requirement issued under this regulation may remain in force for more than 6 months from its date of issue, whether or not it is amended after its issue.

(4)

WorkSafe may amend or revoke any instruction, order, or requirement in the same way in which it was originally issued.

(5)

A person who fails to comply with an instruction, order, or requirement issued under this regulation commits an offence and is liable on conviction to a level 2 penalty.

(6)

An instrument issuing instructions, orders, or requirements is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

(7)

An instrument that is not secondary legislation must be given in writing to each person to whom it applies.

Compare: SR 1997/60 r 105

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 110(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 110(2): revoked, on 28 October 2021, by regulation 88(1) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 110(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 110(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 110(5): amended, on 1 July 2013, by regulation 7(1) of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 110(6): inserted, on 28 October 2021, by regulation 88(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 110(7): inserted, on 28 October 2021, by regulation 88(2) of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Miscellaneous

111 Gazette notices to be published on Internet site

WorkSafe must ensure that a copy of every notice that is published or given in the Gazette under these regulations and that is not secondary legislation

(a)

is published at the same time as, or as soon as practicable after, it is published in the Gazette on an Internet site maintained by or on behalf of WorkSafe; and

(b)

contains a statement that identifies the Internet site on which a copy of the notice may be found.

Regulation 111: amended, on 28 October 2021, by regulation 89 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 111: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 111(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

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.

Regulation 111A: inserted, on 1 July 2013, by regulation 15 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

111B Authentication mark

The authentication mark required by regulations 66, 72, and 74A and clause 11 of Schedule 8 to be included in or on a certificate of compliance, a record of inspection, 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.

Regulation 111B: inserted, on 1 July 2013, by regulation 15 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 111B: amended, on 1 February 2014, by clause 21 of Schedule 1 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

111C Offences relating to application of authentication mark

A person commits an offence and is liable on 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.

Regulation 111C: inserted, on 1 July 2013, by regulation 15 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 111C: amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

112 Details that must be provided in reports of accidents

(1)

A person who is required to notify WorkSafe of an accident, in accordance with section 16 of the Act, must give a full report in writing that sets out the following matters:

(a)

the name and contact details of the person giving notice (which should include, if possible, telephone and fax numbers, and an email address):

(b)

the place, date, and time of the accident:

(c)

a complete description of the accident:

(d)

a description of any injuries, damage, or losses resulting from the accident:

(e)

where known, the names and contact information of any witness, investigator at the scene, or other person who could provide useful information about the accident:

(f)

possible causative factors (if any are known):

(g)

any resuscitation applied, including the method, the length of time applied, the reason for discontinuing, and the name of the person who applied the resuscitation:

(h)

any associated equipment involved, including the type, whether it operated correctly, and any reasons why it did not operate correctly:

(i)

the condition of any associated equipment involved, including its age:

(j)

where known, the name, age, sex, occupation, and residential address of the victim.

(2)

An accident may initially be notified to WorkSafe by telephone, fax, email, or any other electronic means, as long as the full written report is sent to WorkSafe within 2 weeks after that initial notification.

(3)

The full written report may be sent to WorkSafe by post, fax, email, or any other electronic means.

Compare: SR 1997/60 r 106

Regulation 112(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 112(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 112(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Recording certificate details

Heading: inserted, on 1 July 2013, by regulation 16 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

112A Database for recording certificate details on Internet site

WorkSafe must ensure that there is included on an Internet site, maintained by or on behalf of WorkSafe, 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 WorkSafe.

Regulation 112A: inserted, on 1 July 2013, by regulation 16 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 112A: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 112A(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

112B Access to database

(1)

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

Regulation 112B: inserted, on 1 July 2013, by regulation 16 of the Electricity (Safety) Amendment Regulations 2012 (SR 2012/279).

Regulation 112B(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 112B(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Transitional provisions

113 Existing and in-process works, installations, fittings, and appliances

(1)

This regulation applies to works, installations, fittings, and appliances that, on 1 April 2010, were—

(a)

installed, for sale, or in use in New Zealand; or

(b)

under construction or being installed in New Zealand; or

(c)

in transit to New Zealand; or

(d)

the subject of an irrevocable purchasing order by a person in New Zealand.

(2)

Despite anything to the contrary in these regulations, the works, installations, fittings, and appliances—

(a)

may continue to be constructed, installed, sold, or used provided that—

(i)

they are not electrically unsafe; and

(ii)

they complied immediately before 1 April 2010 with the requirements of the Electricity Regulations 1997; and

(iii)

they continue to comply, as a minimum, with the requirements of the Electricity Regulations 1997 as in force immediately before their revocation by these regulations; and

(b)

may, until 1 April 2012, be tested, certified, or inspected in accordance with—

(i)

the Electricity Regulations 1997 as in force immediately before 1 April 2010; or

(ii)

these regulations.

Compare: SR 1997/60 r 68

Regulation 113: substituted, on 10 November 2011, by regulation 43 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

114 Declared articles under previous regulations

(1)

Every fitting or appliance that, immediately before these regulations come into force, is a declared article under regulation 101 of the Electricity Regulations 1997 is a declared high risk article for the purpose of regulation 84 of these regulations, and regulation 84 applies accordingly.

(2)

Every approval, deemed approval, and notice given under regulation 101 of the Electricity Regulations 1997 continues in force as if it had been given under regulation 85 or 86 (as appropriate) of these regulations.

(3)

An application made under regulation 101 of the Electricity Regulations 1997 is, after these regulations come into force, to be treated as if the application were made under regulation 85 of these regulations.

115 Specified fittings and appliances under previous regulations

(1)

Every fitting or appliance that, immediately before these regulations come into force, is the subject of a specification by the Secretary under regulation 101A of the Electricity Regulations 1997 (a specified fitting or appliance) is a declared medium risk article for the purpose of regulation 83 of these regulations, and regulation 83 applies accordingly.

(2)

Every declaration that is made before these regulations come into force in respect of a specified fitting or appliance, and that complies with regulation 101A of the Electricity Regulations 1997, is to be treated as if it is a supplier declaration of conformity that complies with regulation 83 of these regulations.

116 Secretary’s exemptions

An exemption given by the Secretary under regulation 103 of the Electricity Regulations 1997, and still in force immediately before these regulations come into force, continues in force after these regulations come into force as if it had been given under regulation 109 of these regulations on the date on which it was given.

117 Warrants of electrical fitness

A warrant of electrical fitness issued under the Electricity Regulations 1997 is to be treated as if the warrant had been issued, on the date on which it was issued, under regulation 78 of these regulations.

118 Certificates of compliance

The revocation of the Electricity Regulations 1997 does not affect the validity of any certificate of compliance issued under those regulations.

Transitional provision relating to 2011 amendments

Heading: inserted, on 10 November 2011, by regulation 44 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

118A Transitional provision relating to Electricity (Safety) Amendment Regulations 2011

(1)

In this regulation, amendment date means 10 November 2011 (which is the date on which the Electricity (Safety) Amendment Regulations 2011 come into force).

Existing works, installations, fittings, and appliances

(2)

Subclause (3) applies to works, installations, fittings, and appliances that, immediately before the amendment date, are—

(a)

installed, for sale, or in use in New Zealand; or

(b)

under construction or being installed in New Zealand; or

(c)

in transit to New Zealand; or

(d)

the subject of an irrevocable purchasing order by a person in New Zealand.

(3)

Despite anything to the contrary in these regulations, the works, installations, fittings, and appliances may continue to be constructed, installed, sold, or used provided that—

(a)

they are not electrically unsafe; and

(b)

they complied immediately before the amendment date, and continue to comply, with the requirements of these regulations as in force immediately before the amendment date.

Existing declarations of conformity

(4)

Subclause (5) applies to a declaration of conformity that—

(a)

is made before the amendment date; and

(b)

complies with regulation 83 as in force immediately before the amendment date.

(5)

The declaration of conformity must be treated as if it complies with regulation 83 as amended by the Electricity (Safety) Amendment Regulations 2011.

Six-month transition period for compliance with Amendment A of AS/NZS 3000

(6)

Despite regulation 4(4), until the close of the date that is 6 months after the amendment date, any reference in these regulations to AS/NZS 3000 must be treated as if it is a reference to—

(a)

AS/NZS 3000:2007: Electrical installations (known as the Australian/New Zealand Wiring Rules): including Amendment 1; or

(b)

AS/NZS 3000:2007: Electrical installations (known as the Australian/New Zealand Wiring Rules): including Amendment 1 and Amendment A.

Regulation 118A: inserted, on 10 November 2011, by regulation 44 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Transitional provision relating to 2012 amendments

Heading: inserted, on 31 December 2013, by regulation 31 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

118B Transitional provision relating to Electricity (Safety) Amendment Regulations 2012

(1)

This regulation applies to works, installations, fittings, and appliances that, immediately before 1 July 2013,—

(a)

were installed, for sale, or in use in New Zealand; or

(b)

were under construction or being installed in New Zealand; or

(c)

were in transit to New Zealand; or

(d)

were the subject of an irrevocable purchasing order by a person in New Zealand.

(2)

Despite anything to the contrary in these regulations, the works, installations, fittings, and appliances may continue to be constructed, installed, sold, or used provided that—

(a)

they are not electrically unsafe; and

(b)

they complied immediately before 1 July 2013 with the requirements of these regulations as in force immediately before 1 July 2013; and

(c)

they continue to comply with the requirements of these regulations as in force immediately before 1 July 2013.

Regulation 118B: inserted, on 31 December 2013, by regulation 31 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Transitional and savings provisions relating to 2013 amendments

Heading: inserted, on 31 December 2013, by regulation 31 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

118C Savings provision for existing mining electrical equipment in relation to Electricity (Safety) Amendment Regulations 2013

(1)

This regulation applies to mining electrical equipment and conductors supplying that equipment that, immediately before 31 December 2013,—

(a)

were installed or in use in New Zealand; or

(b)

were under construction or being installed in New Zealand; or

(c)

were in transit to New Zealand; or

(d)

were the subject of an irrevocable purchasing order by a person in New Zealand.

(2)

Despite anything to the contrary in these regulations, that mining electrical equipment and those conductors may continue to be constructed, installed, or used provided that—

(a)

they are not electrically unsafe; and

(b)

they complied immediately before 31 December 2013 with the requirements of these regulations as in force immediately before 31 December 2013; and

(c)

they continue to comply with the requirements of these regulations as in force immediately before 31 December 2013.

Regulation 118C: inserted, on 31 December 2013, by regulation 31 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

118D Transitional provision relating to Electricity (Safety) Amendment Regulations 2013

(1)

This regulation applies to alluvial mining operations, mining operations, and quarrying operations in New Zealand that were in operation or suspended immediately before 31 December 2013 (existing operations).

(2)

The following provisions do not apply to existing operations until 1 January 2015, unless that operation is abandonned,:

(d)

clause 4 of Schedule 8.

Regulation 118D: inserted, on 31 December 2013, by regulation 31 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Arbitrators

119 Arbitrators

(1)

WorkSafe may from time to time, on request, appoint arbitrators for the purpose of providing opinions on disputes over whether the technical requirements of these regulations have been complied with.

(2)

The term of appointment of any arbitrator is 2 years, unless otherwise agreed between the appointee and WorkSafe.

(3)

The procedure to be used by the arbitrator in carrying out the functions referred to in subclause (1) may be determined by the arbitrator.

(4)

Arbitrators may be paid remuneration by way of fees or allowances, and travelling allowances and expenses, in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act apply accordingly as if an arbitrator were a member of a statutory Board.

(5)

The person who requested the arbitration must pay the prescribed fee, as set out in Schedule 5, at the completion of the arbitration.

Compare: SR 1997/60 r 99

Regulation 119(1): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 119(2): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Revocation and amendments

120 Revocation of Electricity Regulations 1997

The Electricity Regulations 1997 (SR 1997/60) are revoked.

121 Amendment to Electricity (Hazards from Trees) Regulations 2003

(2)

Regulation 39 is revoked.

122 Amendments to Electricity (China Free Trade Agreement) Regulations 2008

(2)

Regulation 7 is amended by omitting “and is liable on summary conviction to a fine not exceeding $10,000”.

(3)

Regulation 7 is amended by adding the following subclause as subclause (2):

(2)

A person who commits an offence against subclause (1) is liable on summary conviction to,—

(a)

in the case of a natural person, a fine not exceeding $10,000; or

(b)

in any other case, a fine not exceeding $50,000.

(4)

The Schedule is revoked.

Schedule 1 Prescribed electrical work

r 4(1)

1(1)

The following electrical work is prescribed electrical work, unless it is work described in clause 2:

(a)

the installation, connection, or maintenance of conductors used in works or installations:

(b)

the installation, connection, or maintenance of fittings where the fittings are connected, or intended to be connected, to conductors used in works or installations:

(c)

the connection or disconnection of fittings to or from a power supply, other than by means of a plug or pin inserted into a socket, or an appliance connector inserted into an appliance inlet:

(d)

the maintenance of appliances:

(e)

the testing of work described in paragraphs (a) to (d) that—

(i)

is not work described in clause (2); and

(ii)

is required by these regulations; and

(iii)

is carried out for the purpose of compliance with these regulations:

(f)

the certification of work described in paragraphs (a) to (d) that is not work described in clause 2:

(g)

the inspection of work described in paragraphs (a) to (d) that—

(i)

is not work described in clause (2); and

(ii)

is required by these regulations; and

(iii)

is carried out for the purpose of compliance with these regulations:

(h)

the supervision of any work described in paragraphs (a) to (d) that is not work described in clause 2.

(2)

The following electrical work is prescribed electrical work (regardless of whether it is work described in clause 2):

(a)

work done on bolted couplers and restrained couplers used or installed in a mining operation:

(b)

work done on installations, fittings, or appliances in an ERZ0 or ERZ1:

(c)

the connection, reconnection, or disconnection of bolted couplers and restrained couplers used or installed in a mining operation.

Schedule 1 clause 1(1)(a): amended, on 10 November 2011, by regulation 45(1) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 1(1)(b): substituted, on 10 November 2011, by regulation 45(2) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 1(1)(e): substituted, on 10 November 2011, by regulation 45(3) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 1(1)(g): substituted, on 10 November 2011, by regulation 45(4) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 1(2): inserted, on 31 December 2013, by regulation 32 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

2

The following work is not prescribed electrical work:

Low voltage fittings

(a)

work done on low voltage fittings, but only if the work is done in accordance with ECP 51, and without payment or reward, and the work consists of—

(i)

replacing a fuse link with a fuse link or plug-in miniature circuit breaker of an appropriate rating; or

(ii)

affixing a plug, adaptor, cord extension socket, or appliance connector of an appropriate rating to a flexible cord designed for that purpose:

Extra-low voltage supply

(b)

work done on installations, fittings, or appliances that—

(i)

are intended solely for connection to, or are associated solely with, electricity supplies not exceeding extra-low voltage; and

(ii)

are not in a hazardous area:

(c)

work done on installations or fittings that—

(i)

are intended solely for connection to, or are associated solely with, electricity supplies not exceeding extra-low voltage; and

(ii)

are not in a medical location:

(d)

repairing or adjusting fittings, or replacing fittings with the same or comparable fittings, in installations or appliances, but only if the work can be done without exposure to live parts intended to operate at voltages exceeding extra-low voltage:

Operation

(e)

operating works, installations, or appliances, including the loading, removal, or replacement of fuse links:

Isolating and earthing

(f)

operating or switching works, installations, or appliances for the purpose of isolating and earthing the works, installations, or appliances, including manually applying or removing temporary earthing or bonding fittings and manually removing and reinserting fuses:

Electric lines

(g)

constructing overhead electric lines as part of any works, but only if the lines are being installed on poles or other supports that do not carry fittings that are already connected to a power supply:

(h)

constructing underground electric lines as part of any works, but only if the lines are being connected to fittings or installations that are not already connected to a power supply:

Permanent removal

(i)

permanently removing, dismantling, or demolishing works or installations that have been permanently disconnected from a power supply:

Appliances

(j)

maintaining appliances, but only if the work is done in accordance with user instructions prepared by the manufacturer and supplied with the appliance to the user:

(k)

repairing or reworking an appliance, but only if it is undertaken in accordance with the instructions of the original manufacturer of the appliance:

(l)

rewinding coils and armatures:

Testing, teaching, experimenting, etc

(m)

installing temporary conductors between fittings (or between appliances, or between fittings and appliances) or repairing fittings and appliances, but only if the fittings or appliances are used for experimental, testing, demonstration, teaching, or research purposes in any electrical engineering workshop, manufacturing facility, electrical test facility, laboratory, hospital, research project, or teaching institution:

(n)

experimental work on radio transmitters, receivers, and electronic apparatus, but only if the work is not carried out for payment or reward:

Telecommunications work

(o)

work done on or in connection with telecommunications lines or equipment where—

(i)

the lines or equipment operate at telecommunications network voltage; or

(ii)

the magnitude and duration of any shock currents cannot exceed IEC shock current standards; or

(iii)

the work can be done without exposure to voltages that exceed telecommunications network voltage or to shock currents that exceed IEC shock current standards:

Electric cars

(p)

any work on electric cars (being road vehicles that use electricity generated within the vehicle, or electricity supplied from a standard low voltage supply, as its motive energy source):

Electric fences

(q)

any work relating to the conductors, supports, or insulators of electric fences, and connecting them to, or disconnecting them from, an electric fence controller:

Temporary earthing

(r)

applying or removing temporary bonding conductors to or from any metal pipe or tube that forms (whether by design or not) part of an earthing system, but only if the temporary bonding conductor is for the purpose of maintaining a continuous path to earth during work on the pipe or tube:

New Zealand Defence Force apparatus

(s)

assembling and repairing radio apparatus, fire control equipment, or searchlights used solely for defence purposes under the control of the New Zealand Defence Force, but only if the officer or non-commissioned officer who has control of the apparatus, equipment, or searchlight has directed the conditions of security that must be observed in the assembly or repair:

Excluded things

(t)

work on any of the things identified in regulation 3 as things that these regulations do not apply to.

Schedule 1 clause 2(e): amended, on 10 November 2011, by regulation 45(5) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 2(f): amended, on 10 November 2011, by regulation 45(6) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 2(g): amended, on 10 November 2011, by regulation 45(7) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 2(m): amended, on 10 November 2011, by regulation 45(8)(a) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 2(m): amended, on 10 November 2011, by regulation 45(8)(b) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 1 clause 2(r): amended, on 10 November 2011, by regulation 45(9) of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Schedule 2 Electrical codes of practice and official standards cited in these regulations

r 4(4)

Schedule 2: replaced, on 31 December 2013, by regulation 33 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Electrical codes of practice referred to in regulations

Abbreviation used in regulationsFull title
ECP 34New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001) approved on 21 December 2001
ECP 35New Zealand Electrical Code of Practice for Power Systems Earthing (NZECP 35:1993) approved on 18 March 1993
ECP 36New Zealand Electrical Code of Practice for Harmonic Levels (NZECP 36:1993) approved on 18 March 1993
ECP 46New Zealand Electrical Code of Practice for High Voltage Live Line Work (NZECP 46.2003) approved on 19 March 2003
ECP 50New Zealand Electrical Code of Practice for Repair and Maintenance of Domestic Electrical Appliances by the Owner of the Appliance (NZECP 50:2004) approved on 27 July 2004
ECP 51New Zealand Electrical Code of Practice for Homeowner/Occupier’s Electrical Wiring Work in Domestic Installations (NZECP 51:2004) approved on 27 July 2004
ECP 60New Zealand Electrical Code of Practice for Inspection, Testing and Certification of Low Voltage A.C. Railway Signalling Control Circuits (NZECP 60:1997) approved on 11 March 1998

Official standards referred to in regulations

Abbreviation used in regulationsFull title
AS 2290.1AS 2290.1:1990: Electrical equipment for coal mines—Maintenance of electrical equipment for hazardous areas
AS 2290.3AS 2290.3:1990: Electrical equipment for coal mines—Maintenance and overhaul—Maintenance of gas detecting and monitoring equipment
AS 4777.1AS 4777.1:2005: Grid connection of energy systems via inverters—Part 1: Installation requirements
AS/NZS 1299AS/NZS 1299:2009: Electrical equipment for mines and quarries—Explosion-protected three-phase restrained plugs and receptacles for working voltages up to and including 3.3 kV
AS/NZS 1677.2AS/NZS 1677.2:1998: Refrigerating systems—Part 2: Safety requirements for fixed applications: including Amendments 1 and 2
AS/NZS 1747AS/NZS 1747:2003: Reeling, trailing and feeder cables used for mining—Repair, testing and fitting of accessories
AS/NZS 1802AS/NZS 1802:2003: Electric cables—Reeling and trailing—For underground coal mining purposes
AS/NZS 1826AS/NZS 1826:2008: Electrical equipment for explosive gas atmospheres—Special protection—Type of protection ‘s’
AS/NZS 1972AS/NZS 1972:2006: Electric cables—Underground coal mining purposes—Other than reeling and trailing
AS/NZS 2500AS/NZS 2500:2004: Guide to the safe use of electricity in patient care
AS/NZS 3000AS/NZS 3000:2007: Electrical installations (known as the Australian/New Zealand Wiring Rules): including Amendments 1 and 2, subject to the following modifications:
1. In 4.5.2.3.2, change “warning sign shall be installed” to “warning sign shall be installed or fitted in domestic installations but may be omitted from all other installations”.
2. In 4.18.1(b) and (c), change “all live (active and neutral) conductors” to “all active conductors”.
3. Add a new paragraph to 4.18.2: “In New Zealand, only electrical equipment that is directly associated with the gas supply may be installed in the hazardous areas of a domestic installation, shown in figure 4.10.”
4. Replace 4.18.3 with “In New Zealand, only electrical equipment (including metering equipment) that is directly associated with the gas supply may be installed in the exclusion zones of a domestic installation in figure 4.11.”
AS/NZS 3001AS/NZS 3001:2008: Electrical installations—Transportable structures and vehicles including their site supplies: including Amendment 1
AS/NZS 3002AS/NZS 3002:2008: Electrical installations—Shows and carnivals, subject to the variation that references to AS/NZS 3439.4 must be read as references to AS/NZS 3439.4:2009
AS/NZS 3003AS/NZS 3003:2011: Electrical installations—Patient areas
AS/NZS 3004.1AS/NZS 3004.1:2008: Electrical installations—Marinas and recreational boats—Part 1: Marinas
AS/NZS 3004.2AS/NZS 3004.2:2008: Electrical installations—Marinas and recreational boats—Part 2: Recreational boats installations
AS/NZS 3007AS/NZS 3007:2013: Electrical equipment in mines and quarries—Surface installations and associated processing plant
AS/NZS 3009AS/NZS 3009:1998: Electric installations—Emergency power supplies in hospitals
AS/NZS 3010AS/NZS 3010:2005: Electrical installations—Generating sets
AS/NZS 3012AS/NZS 3012:2010: Electrical installations—Construction and demolition sites
AS/NZS 3014AS/NZS 3014:2003: Electrical installations—Electric fences: including Amendment 1
AS/NZS 3016AS/NZS 3016:2002: Electrical installations—Electric security fences: including Amendment 1
AS/NZS 3019AS/NZS 3019:2007: Electrical installations—Periodic verification
AS/NZS 3112AS/NZS 3112:2011: Approval and test specification—Plugs and socket-outlets: including Amendment 1
AS/NZS 3190AS/NZS 3190:2011: Approval and test specification—Residual current devices (current-operated earth-leakage devices)
AS/NZS 3439AS/NZS 3439.4.2009: Low-voltage switchgear and controlgear assemblies—Part 4: Particular requirements for assemblies for construction sites (ACS)
AS/NZS 3551AS/NZS 3551:2012: Management programs for medical devices
AS/NZS 3760AS/NZS 3760:2010: In-service safety inspection and testing of electrical equipment: including Amendments 1 and 2
AS/NZS 3800AS/NZS 3800:2005: Electrical equipment for explosive atmospheres—Repair and overhaul
AS/NZS 3820AS/NZS 3820:2009: Essential safety requirements for electrical equipment: including Amendment 1
AS/NZS 3832AS/NZS 3832:1998: Electrical installations—Cold-cathode illumination systems
AS/NZS 4249AS/NZS 4249:1994: Electrical safety practices—Film, video and television sites
AS/NZS 4509.1AS/NZS 4509.1:2009: Stand-alone power systems—Part 1: Safety and installation
AS/NZS 4701AS/NZS 4701:2000: Requirements for domestic electrical appliances and equipment for reconditioning or parts recycling
AS/NZS 4761.1AS/NZS 4761.1:2008: Competencies for working with electrical equipment for hazardous areas (EEHA)—Competency Standards
AS/NZS 4836AS/NZS 4836:2011: Safe working on or near low-voltage electrical installations and equipment
AS/NZS 5033AS/NZS 5033:2012: Installation and safety requirements for photovoltaic (PV) arrays: including Amendments 1 and 2, subject to the following modification:
In clause 4.4.1.5(c), after “metallic”, insert “high density PVC”.
AS/NZS 5761AS/NZS 5761:2011: In-service safety inspection and testing—Second-hand electrical equipment prior to sale
AS/NZS 5762AS/NZS 5762:2011: In-service safety inspection and testing—Repaired electrical equipment
AS/NZS 7000AS/NZS 7000:2010: Overhead line design—Detailed procedures
AS/NZS 60079.0AS/NZS 60079.0:2012: Explosive atmospheres—Part 0: Equipment—General requirements
AS/NZS 60079.11AS/NZS 60079.11:2011: Explosive atmospheres—Part 11: Equipment protection by intrinsic safety ‘i’
AS/NZS 60079.14AS/NZS 60079.14:2009: Explosive atmospheres—Part 14: Electrical installations design, selection and erection: including Amendment 1
AS/NZS 60079.17AS/NZS 60079.17:2009: Explosive atmospheres—Part 17: Electrical installations inspection and maintenance: including Amendment 1
AS/NZS 60079.18AS/NZS 60079.18:2011: Explosive atmospheres—Part 18: Equipment protection by encapsulation ‘m’
AS/NZS 60079.29.2AS/NZS 60079.29.2:2008: Explosive atmospheres—Gas detectors—Selection, installation, use, and maintenance of detectors for flammable gases and oxygen
AS/NZS 60079.35.1AS/NZS 60079.35.1:2011: Explosive atmospheres—Caplights for use in mines susceptible to firedamp—General requirements—Construction and testing in relation to the risk of explosion
AS/NZS 60950.1AS/NZS 60950.1:2011: Information technology equipment—Safety—General requirements: including Amendment 1
AS/NZS 61000.3.2AS/NZS 61000.3.2:2007: Electromagnetic compatibility (EMC)—Limits—Limits for harmonic current emissions (equipment input current less than or equal to 16 A per phase): including Amendments 1 and 2
AS/NZS 62013.1AS/NZS 62013.1:2001: Caplights for use in mines susceptible to firedamp—General requirements—Construction and testing in relation to the risk of explosion
BS EN 50119BS EN 50119:2009: Railway applications—Fixed installations—Electric traction overhead contact lines
BS EN 50122-1BS EN 50122-1:2011: Railway applications—Fixed installations—Electrical safety, earthing and the return circuit. Part 1: Protective provisions against electric shock: including Amendment 1
BS 6164BS 6164:2011: Code of practice for health and safety in tunnelling in the construction industry
IEC 60050IEC 60050-826 Ed 2: International electrotechnical vocabulary—Part 826: Electrical installations
IEC 60079-0IEC 60079-0 Ed 6.0 Explosive atmospheres—Equipment—General requirements
IEC 60079-33IEC 60079-33 Ed 1.0 Explosive atmospheres—Equipment protection by special protection ‘s’
IEC 60079-35-1IEC 60079-35-1 Ed 1.0 Explosive atmospheres—Caplights for use in mines susceptible to firedamp—General requirements—Construction and testing in relation to the risk of explosion
IEC 60913IEC 60913 Ed 2.0 Railway applications—Fixed installations—Electric traction overhead contact lines
IEC 61000-3-2IEC 61000-3-2 Ed 3.2 b:2009: Electromagnetic compatibility (EMC)—Part 3-2: Limits—Limits for harmonic current emissions (equipment input current &1e; A per phase): as amended by the deviation in AS/NZS 61000.3.2:2007: including Amendments 1 and 2
IEC 61000-3-3IEC 61000-3-3 Ed 2.0:2008: Electromagnetic compatibility (EMC)—Part 3-3: Limits—Limitation of voltage changes, voltage fluctuations and flicker in public low-voltage supply systems, for equipment with rated current ≤16 A per phase and not subject to conditional connection
IEC 61000-3-4IEC 61000-3-4 Ed 1.0:1998: Electromagnetic compatibility (EMC)—Part 3-4: Limits—Limitation of emission of harmonic currents in low-voltage power supply systems for equipment with rated current greater than 16 A
IEC 61000-3-11IEC 61000-3-11 Ed 1.0:2000: Electromagnetic compatibility (EMC)—Part 3-11: Limits—Limitation of voltage changes, voltage fluctuations and flicker in public low-voltage supply systems—Equipment with rated current ≤75 A and subject to conditional connection
IEC 61000-3-12IEC 61000-3-12 Ed 2.0:2011: Electromagnetic compatibility (EMC)—Part 3-12: Limits—Limits for harmonic currents produced by equipment connected to public low-voltage systems with input current >16 A and ≤75 A per phase
IEC 62128-1IEC 62128-1 Ed 2.0 Railway applications—Fixed installations—Electrical safety, earthing and the return circuit—Part 1: Protective provisions against electric shock
IEC/TS 61000-3-5IEC/TS 61000-3-5 Ed 2.0:2009: Electromagnetic compatibility (EMC)—Part 3-5: Limits—Limitation of voltage fluctuations and flicker in low-voltage power supply systems for equipment with rated current greater than 75 A
IEC/TS 60479-1IEC/TS 60479-1 Ed 4.0:2005: Effects of current on human beings and livestock—Part 1: General aspects
IEEE 1222IEEE 1222-2011: IEEE standard for testing and performance for all-dielectric self-supporting (ADSS) fiber optic cable for use on electric utility power lines
ISO/IEC 17050-1ISO/IEC 17050-1 Ed 1.0:2004: Conformity assessment—Supplier’s declaration of conformity—Part 1: General requirements
NZS 6115NZS 6115:2006: Electrical installations—Mobile medical facilities: including Amendments 1 and 2
NZS 6116NZS 6116:2006: Safe application of electricity in the meat processing industry
NZS 7901NZS 7901:2008: Electricity and gas industries—Safety management systems for public safety

Schedule 2: amended, on 1 August 2014, by regulation 4 of the Electricity (Safety) Amendment Regulations 2014 (LI 2014/253).

Schedule 3 Infringement notice and reminder notice

r 12

Form 1 Infringement notice

Section 165B, Electricity Act 1992

Infringement notice number:

This infringement notice is sent under section 165B of the Electricity Act 1992—

  • to you (see details below):

  • in respect of an alleged infringement offence (the offence—see details below):

  • by a person authorised to issue an infringement notice (the informant—see details below).

This notice is served on you on [date] by [specify post or personal service].

Your details

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Details of offence

Nature of offence:

Where it occurred:

When it occurred:

Offence against [specify provision of Electricity Act 1992 or Electricity (Safety) Regulations 2010]

Details of informant

WorkSafe/Secretary/Registrar*

*Select one.

Full address:

Payment of infringement fee

The amount of the infringement fee for the offence is $[amount].

The infringement fee is payable on or before [date], which is 28 days after the date of service.

The fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the due date.

If paying by cheque, the cheque must be made out to [specify] and be crossed not negotiable. When paying, include the following information with the payment:

  • the infringement notice number (given at the top of this notice):

  • your full name:

  • your address for contact, but only if it is different from your address as shown on this notice.

Paying infringement fee by due date

If you pay the infringement fee on or before the due date, no further action will be taken against you.

General inquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Right to request a hearing
Grounds for request

You should write to the informant if you want to request a hearing on the grounds that—

  • you deny liability for the offence; or

  • you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

How to make request

If you write to request a hearing, the request must be signed by you and be received by the informant on or before the due date, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Denying liability

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

If the court finds you guilty of the offence, court costs will be imposed on you in addition to any penalty.

If you write to request a hearing but you admit liability, your letter should clearly—

  • admit liability; and

  • set out the written submissions that you wish the court to consider.

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any penalty.

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you have not paid the infringement fee by the due date, and have not requested a hearing on or before that date (or within any further time that the informant allows), the informant may send you a reminder notice. The reminder notice will set out a final due date, which will be the date that is 28 days after the date on which the reminder notice is served on you.

If you do not pay the infringement fee on or before that final due date, and you do not request a hearing on or before that date (or within any further time the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee (less any amount already paid).

Further information

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, contact a lawyer.

Schedule 3 form 1: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Schedule 3 form 1: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Form 2 Infringement reminder notice

Section 165B, Electricity Act 1992

Infringement notice number:

An infringement notice was sent under section 165B of the Electricity Act 1992—

  • to you (see details below):

  • in respect of an alleged infringement offence (the offence—see details below):

  • by a person authorised to issue an infringement notice (the informant—see details below).

The infringement notice was served on you on [date] by [specify post or personal service].

This reminder notice is served on you on [date] by [specify post or personal service] at [full address at which reminder notice served].

Your details

Full name:

Full address:

Telephone number(s):

Date of birth:

Gender:

Occupation:

Details of offence

Nature of offence:

Where it occurred:

When it occurred:

Offence against [specify provision of Electricity Act 1992 or Electricity (Safety) Regulations 2010]

Details of informant

WorkSafe/Secretary/Registrar*

*Select one.

Full address:

Payment of infringement fee

The amount of the infringement fee for the offence is $[amount].

Final due date

The due date for payment of the infringement fee was [date]. By that date, payment had not been received and you had not requested a hearing.

The final due date is now [date], which is 28 days after the date on which this notice is served on you.

The infringement fee must be paid to the informant at the informant’s address (see above) by delivering or posting it so that it arrives on or before the final due date.

If paying by cheque, the cheque must be made out to [specify] and be crossed not negotiable. When paying, include the following information with the payment:

  • the infringement notice number (given at the top of this notice):

  • your full name:

  • your address for contact, but only if it is different from your address as shown on this notice.

Paying infringement fee by final due date

You can pay the infringement fee to the informant now, at the informant’s address. If you pay it on or before the final due date, no further action will be taken against you.

General inquiries

You may contact the informant at any time. Contacting the informant does not stop the infringement fee being payable by the final due date, unless you request a hearing.

If you want further information, or if you want to raise any other matter, write to the informant at the informant’s address (see above). When writing, please give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Right to request a hearing
Grounds for request

You should write to the informant if you want to request a hearing on the grounds that—

  • you deny liability for the offence; or

  • you admit liability for the offence, but you want a court to consider written submissions by you about any matter, such as the amount of the penalty.

How to make request

If you write to request a hearing, the request must be signed by you and be received by the informant on or before the final due date, or by any later time allowed by the informant. When writing, give the infringement notice number (given at the top of this notice), your full name, and your address for contact (if different from your address as shown on this notice).

Denying liability

If you write to request a hearing and deny liability, and if the informant decides to commence court proceedings against you, you will be served with a notice of hearing. The notice will set out the place, date, and time of the hearing before the court.

If the court finds you guilty of the offence, court costs will be imposed on you in addition to any penalty.

Admitting liability

If you write to request a hearing but you admit liability, your letter should clearly—

  • admit liability; and

  • set out the written submissions that you wish the court to consider.

The informant will file the letter containing your submissions in court. There is no provision for you to make oral submissions at the hearing, or for anyone else to do so on your behalf.

The court will impose court costs on you in addition to any fine.

Defences

In any proceedings, it is a defence if you prove that the infringement fee was paid in full to the informant, at the informant’s address, on or before the final due date. Late payment, or payment to an address other than the informant’s address, is not a defence, but late payments may be applied towards any fine and costs you become liable to pay.

If you do nothing

If you do not pay the infringement fee on or before the final due date, and you do not request a hearing on or before that date (or within any further time that the informant allows), you will be liable to pay court costs in addition to a fine of the same amount as the infringement fee (less any amount already paid).

Further information

Further information about infringement offences and fees is contained in section 21 of the Summary Proceedings Act 1957 and section 375 of the Criminal Procedure Act 2011. If there is anything in this notice that you do not understand, contact a lawyer.

Schedule 3 form 2: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Schedule 3 form 2: amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Schedule 4 Standards applicable to fittings and appliances

r 23(1)

Schedule 4: replaced, on 31 December 2013, by regulation 34 of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

1 Household and similar electrical appliances

(1)

In subclause (2),—

standard A means IEC 60335-1 Ed 4.2 as modified by Annex ZZ of AS/NZS 60335.1:2002, including Amendments 1 to 4

standard B means IEC 60335-1 Ed 5.0 as modified by AS/NZS 60335.1:2011

standard C means AS/NZS 60335.1:2002, including Amendments 1 to 4

standard D means AS/NZS 3350.1:2002, including Amendments 1 to 4.

(2)

Standards apply to household and similar electrical appliances as set out in the following table:

Household and similar electrical appliancesApplicable standard
Air-cleaning appliancesStandard A, or standard B, in conjunction with IEC 60335-2-65 Ed 2.1
Amusement machines and personal service machinesStandard A, or standard B, in conjunction with IEC 60335-2-82 Ed 2.1 as modified by Annex ZZ of AS/NZS 60335.2.82:2006, including Amendment 1
Appliances for heating liquidsStandard A, or standard B, in conjunction with IEC 60335-2-15 Ed 5.2 as modified by Annex ZZ of AS/NZS 60335.2.15:2002, including Amendments 1 to 4
Appliances for skin exposure to ultraviolet and infrared radiationStandard A, or standard B, in conjunction with IEC 60335-2-27 Ed 5.0 as modified by AS/NZS 60335.2.27:2010
Appliances for skin or hair careStandard A, or standard B, in conjunction with IEC 60335-2-23 Ed 5.2
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-23 Ed 5.1 as modified by Annex ZZ of AS/NZS 60335.2.23:2004, including Amendment 1
Appliances to recover and/or recycle refrigerant from air conditioning and refrigeration equipmentStandard A, or standard B, in conjunction with IEC 60335-2-104 Ed 1.0
Automatic machines for floor treatment for commercial useStandard B, in conjunction with IEC 60335-2-72 Ed 3.0
or
Until 31/05/2016, standard A, or standard B, in conjunction with IEC 60335-2-72 Ed 2.1
Battery chargersStandard A, or standard B, in conjunction with IEC 60335-2-29 Ed 4.2 as modified by Annex ZZ of AS/NZS 60335.2.29:2004, including Amendments 1 and 2
Blankets, pads, clothing, and similar flexible heating appliancesStandard B, in conjunction with IEC 60335-2-17 Ed 3.0 as modified by AS/NZS 60335.2.17:2012
or
Until 26/10/2015, standard A, or standard B, in conjunction with IEC 60335-2-17 Ed 2.2 as modified by Annex ZZ of AS/NZS 60335.2.17:2004, including Amendments 1 and 2
ClocksStandard A, or standard B, in conjunction with IEC 60335-2-26 Ed 4.1
Clothes dryers and towel railsStandard A, or standard B, in conjunction with IEC 60335-2-43 Ed 3.2
Commercial dispensing appliances and vending machinesStandard A, or standard B, in conjunction with IEC 60335-2-75 Ed 2.2 as modified by Annex ZZ of AS/NZS 60335.2.75:2005, including Amendment 1
Commercial electric appliances for keeping food and crockery warmStandard A, or standard B, in conjunction with IEC 60335-2-49 Ed 4.1
Commercial electric bains-marieStandard A, or standard B, in conjunction with IEC 60335-2-50 Ed 4.1
Commercial electric boiling pansStandard A, or standard B, in conjunction with IEC 60335-2-47 Ed 4.1
Commercial electric cooking ranges, ovens, hobs, and hob elementsStandard A, or standard B, in conjunction with IEC 60335-2-36 Ed 5.2
Commercial electric deep fat fryersStandard A, or standard B, in conjunction with IEC 60335-2-37 Ed 5.2
Commercial electric dishwashing machinesStandard A, or standard B, in conjunction with IEC 60335-2-58 Ed 3.1
Commercial electric forced convection ovens, steam cookers, and steam-convection ovensStandard A, or standard B, in conjunction with IEC 60335-2-42 Ed 5.1
Commercial electric griddles and griddle grillsStandard A, or standard B, in conjunction with IEC 60335-2-38 Ed 5.1
Commercial electric grillers and toastersStandard A, or standard B, in conjunction with IEC 60335-2-48 Ed 4.1
Commercial electric hoodsStandard A, or standard B, in conjunction with IEC 60335-2-99 Ed 1.0
Commercial electric kitchen machinesStandard A, or standard B, in conjunction with IEC 60335-2-64 Ed 3.1
Commercial electric multi-purpose cooking pansStandard B in conjunction with IEC 60335-2-39 Ed 6.0
or
Standard A, or standard B, in conjunction with IEC 60335-2-39 Ed 5.2
Commercial electric rinsing sinksStandard A, or standard B, in conjunction with IEC 60335-2-62 Ed 3.1
Commercial microwave ovensStandard A, or standard B, in conjunction with IEC 60335-2-90 Ed 3.1
Commercial refrigerating appliances with an incorporated or remote refrigerant condensing unit or compressorStandard B in conjunction with IEC 60335-2-89 Ed 2.1
or
Until 31/05/2015, standard A, or standard B, in conjunction with IEC 60335-2-89 Ed 2.0 as modified by AS/NZS 60335.2.89:2010, including Amendment 1
Deep fat fryers, frying pans, and similar appliancesStandard B, in conjunction with IEC 60335-2-13 Ed 6.0
DishwashersStandard A, or standard B, in conjunction with IEC 60335-2-5 Ed 5.2 as modified by Annex ZZ of AS/NZS 60335.2.5:2002, including Amendments 1 to 3
Drives for gates, doors, and windowsStandard A, or standard B, in conjunction with IEC 60335-2-103 Ed 2.1
Drives for rolling shutters, awnings, blinds, and similar equipmentStandard A, or standard B, in conjunction with IEC 60335-2-97 Ed 2.2
Drives for vertically moving garage doors for residential useStandard B, in conjunction with IEC 60335-2-95 Ed 3.0
Electric fence energisersStandard A, or standard B, in conjunction with IEC 60335-2-76 Ed 2.2 as modified by Annex ZZ of AS/NZS 60335.2.76:2003, including Amendments 1 to 3
or
Until 31/05/2015, standard A, or standard B, in conjunction with IEC 60335-2-76 Ed 2.1 as modified by Annex ZZ of AS/NZS 60335.2.76:2003, including Amendments 1 to 3
Electric fishing machinesStandard A, or standard B, in conjunction with IEC 60335-2-86 Ed 2.2
or
Until 31/05/2015, standard A, or standard B, in conjunction with IEC 60335-2-86 Ed 2.1 as modified by Annex ZZ of AS/NZS 60335.2.86:2002, including Amendments 1 to 4
Electric ironsStandard B, in conjunction with IEC 60335-2-3 Ed 6.0
or
Until 26/10/2015, standard A, or standard B, in conjunction with IEC 60335-2-3 Ed 5.2
Electrical animal-stunning equipmentStandard A, or standard B, in conjunction with IEC 60335-2-87 Ed 2.2
or
Until 31/05/2015, standard A, or standard B, in conjunction with IEC 60335-2-87 Ed 2.1
Electrical appliances for use with aquariums and garden pondsStandard A, or standard B, in conjunction with IEC 60335-2-55 Ed 3.1 as modified by Annex ZZ of AS/NZS 60335.2.55:2011
Electrical heat pumps, air conditioners, and dehumidifiersStandard A, or standard B, in conjunction with IEC 60335-2-40 Ed 4.2
ElectrolysersStandard A, or standard B, in conjunction with IEC 60335-2-108 Ed 1.0 as modified by Annex ZZ of AS/NZS 60335.2.108:2008
Fabric steamersStandard A, or standard B, in conjunction with IEC 60335-2-85 Ed 2.1
FansStandard A, or standard B, in conjunction with IEC 60335-2-80 Ed 2.2 as modified by Annex ZZ of AS/NZS 60335.2.80:2004, including Amendment 1
Fixed immersion heatersStandard A, or standard B, in conjunction with IEC 60335-2-73 Ed 2.2
Flexible sheet heating elements for room heatingStandard A, or standard B, in conjunction with IEC 60335-2-96 Ed 1.2
Floor treatment and floor cleaning machines, for commercial useStandard B in conjunction with IEC 60335-2-67 Ed 4.0
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-67 Ed 3.1
Floor treatment machines and wet scrubbing machinesStandard A, or standard B, in conjunction with IEC 60335-2-10 Ed 5.2
or
Until 31/05/2014, standard A, or standard B, in conjunction with IEC 60335-2-16 Ed 5.1
Food waste disposersStandard A, or standard B, in conjunction with IEC 60335-2-16 Ed 5.1
Foot warmers and heating matsStandard B in conjunction with IEC 60335-2-81 Ed 2.2
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-81 Ed 2.1
Gas, oil, and solid-fuel burning appliances with electrical connectionsStandard B, in conjunction with IEC 60335-2-102 Ed 1.1 as modified by Annex ZZ of AS/NZS 60335.2.102:2004, including Amendments 1 and 2
Grills, toasters, and similar portable cooking appliancesStandard A, or standard B, in conjunction with IEC 60335-2-9 Ed 6.0 as modified by Annex ZZ of AS/NZS 60335.2.9:2009, including Amendment 1
Hand-held mains-operated garden blowers, vacuums, and blower vacuumsStandard A, or standard B, in conjunction with IEC 60335-2-100 Ed 1.0 as modified by Annex ZZ of AS/NZS 60335.2.100:2003
Heated carpets and underfloor heating appliancesStandard A, or standard B, in conjunction with IEC 60335-2-106 Ed 1.0
Heated gullies for roof drainageStandard A, or standard B, in conjunction with IEC 60335-2-83 Ed 1.1
Heating appliances for breeding and rearing animalsStandard A, or standard B, in conjunction with IEC 60335-2-71 Ed 2.2
or
Until 31/05/2015, standard A, or standard B, in conjunction with IEC 60335-2-71 Ed 2.1
High pressure cleaners and steam cleanersStandard B, in conjunction with IEC 60335-2-79 Ed 3.0
or
Until 26/10/2015, standard A, or standard B, in conjunction with IEC 60335-2-79 Ed 2.2
HumidifiersStandard A, or standard B, in conjunction with IEC 60335-2-98 Ed 2.2
Humidifiers intended for use with heating, ventilation, or air-conditioning systemsStandard A, or standard B, in conjunction with IEC 60335-2-88 Ed 2.0
Insect killersStandard A, or standard B, in conjunction with IEC 60335-2-59 Ed 3.2 as modified by Annex ZZ of AS/NZS 60335.2.59:2005, including Amendments 1 to 3
Instantaneous water heatersStandard A, or standard B, in conjunction with IEC 60335-2-35 Ed 4.2
IronersStandard B, in conjunction with IEC 60335-2-44 Ed 3.2
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-44 Ed 3.1
Kitchen machinesStandard A, or standard B, in conjunction with IEC 60335-2-14 Ed 5.1 as modified by Annex ZZ of AS/NZS 60335.2.14:2007, including Amendment 1
Massage appliancesStandard A, or standard B, in conjunction with IEC 60335-2-32 Ed 4.1
Microwave ovens, including combination microwave ovensStandard A, or standard B, in conjunction with IEC 60335-2-25 Ed 6.0
or
Until 29/04/2014, standard C in conjunction with IEC 60335-2-25 Ed 5.2
Milking machinesStandard A or standard B, in conjunction with IEC 60335-2-70 Ed 2.2
or
Until 06/03/2015, standard A, or standard B, in conjunction with IEC 60335-2-70 Ed 2.1
Motor-compressorsStandard B, in conjunction with IEC 60335-2-34 Ed 5.0
or
Until 31/05/2016, standard A, or standard B, in conjunction with IEC 60335-2-34 Ed 4.2
Multifunctional shower cabinetsStandard A, or standard B, in conjunction with IEC 60335-2-105 Ed 1.1
Oral hygiene appliancesStandard A, or standard B, in conjunction with IEC 60335-2-52 Ed 3.1
Outdoor barbecuesStandard A, or standard B, in conjunction with IEC 60335-2-78 Ed 2.1 as modified by Annex ZZ of AS/NZS 60335.2.78:2005, including Amendments 1 and 2
Pedestrian-controlled mains-operated lawn scarifiers and aeratorsStandard A, or standard B, in conjunction with IEC 60335-2-92 Ed 2.0
Pedestrian-controlled mains-operated lawnmowersStandard A, or standard B, in conjunction with IEC 60335-2-77 Ed 2.0
Portable heating tools and similar appliancesStandard A, or standard B, in conjunction with IEC 60335-2-45 Ed 3.1
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-45 Ed 3.1
Portable immersion heatersStandard A, or standard B, in conjunction with IEC 60335-2-74 Ed 2.2
Projectors and similar appliancesStandard A, or standard B, in conjunction with IEC 60335-2-56 Ed 3.1
PumpsStandard A, or standard B, in conjunction with IEC 60335-2-41 Ed 3.2 as modified by Annex ZZ of AS/NZS 60335.2.41:2004, including Amendment 1
Range hoods and other cooking fume extractorsStandard A, or standard B, in conjunction with IEC 60335-2-31 Ed 4.2 as modified by Annex ZZ of AS/NZS 60335.2.31:2004, including Amendments 1 to 4
Refrigerating appliances, ice-cream appliances, and ice-makersStandard B, in conjunction with IEC 60335-2-24 Ed 7.1 as modified by AS/NZS 60335.2.24:2010 including Amendment 1
or
Until 31/05/2015, standard A, or standard B, in conjunction with IEC 60335-2-24 Ed 7.0 as modified by AS/NZS 60335.2.24:2010
Room heatersStandard A, or standard B, in conjunction with IEC 60335-2-30 Ed 4.2 as modified by Annex ZZ of AS/NZS 60335.2.30:2009, including Amendment 1
Sauna heating appliances and infrared cabinsStandard B, in conjunction with IEC 60335-2-53 Ed 4.0
or
Until 28/10/2014, standard C in conjunction with IEC 60335-2-53 Ed 3.1
Scissors type grass shearsStandard A, or standard B, in conjunction with IEC 60335-2-94 Ed 3.0
Sewing machinesStandard A, or standard B, in conjunction with IEC 60335-2-28 Ed 4.1
Shavers, hair clippers, and similar appliancesStandard A, or standard B, in conjunction with IEC 60335-2-8 Ed 5.2
Spin extractorsStandard A, or standard B, in conjunction with IEC 60335-2-4 Ed 6.0
Spray extraction appliances, for commercial useStandard B in conjunction with IEC 60335-2-68 Ed 4.0
or
Until 31/05/2016, standard A, or standard B, in conjunction with IEC 60335-2-68 Ed 3.2
Stationary circulation pumps for heating and service water installationsStandard B, in conjunction with IEC 60335-2-51 Ed 3.2
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-51 Ed 3.1
Stationary cooking ranges, hobs, ovens, and similar appliancesStandard A, or standard B, in conjunction with IEC 60335-2-6 Ed 5.2 as modified by Annex ZZ of AS/NZS 60335.2.6:2008, including Amendments 1 and 4
Storage water heatersStandard A, or standard B, in conjunction with IEC 60335-2-21 Ed 5.2 as modified by Annex ZZ of AS/NZS 60335.2.21:2002, including Amendments 1 to 3
Surface-cleaning appliances for household use employing liquids or steamStandard A, or standard B, in conjunction with IEC 60335-2-54 Ed 4.0
Thermal storage room heatersStandard A, or standard B, in conjunction with IEC 60335-2-61 Ed 2.2
ToiletsStandard A, or standard B, in conjunction with IEC 60335-2-84 Ed 2.1
Tumble dryersStandard A, or standard B, in conjunction with IEC 60335-2-11 Ed 7.0 as modified by Annex ZZ of AS/NZS 60335.2.11:2009, including Amendment 1
UV radiation water treatment appliancesStandard B, in conjunction with IEC 60335-2-109 Ed 1.0
Vacuum cleaners and water-suction cleaning devicesStandard A, or standard B, in conjunction with IEC 60335-2-2 Ed 6.0 as modified by AS/NZS 60335.2.2:2010, including Amendment 1
VaporisersStandard A, or standard B, in conjunction with IEC 60335-2-101 Ed 1.1
Walk-behind and hand-held lawn trimmers and lawn edge trimmersStandard A, or standard B, in conjunction with IEC 60335-2-91 Ed 3.0 as modified by Annex ZZ of AS/NZS 60335.2.91:2008, including Amendment 1
Warming plates and similar appliancesStandard A, or standard B, in conjunction with IEC 60335-2-12 Ed 5.1
Washing machinesStandard B, in conjunction with IEC 60335-2-7 Ed 7.1
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-7 Ed 7.0
Water-bed heatersStandard B, in conjunction with IEC 60335-2-66 Ed 2.2
or
Until 26/10/2014, standard A, or standard B, in conjunction with IEC 60335-2-66 Ed 2.1
Wet and dry vacuum cleaners, including power brush, for commercial useStandard B, in conjunction with IEC 60335-2-69 Ed 4.0 as modified by Annex ZZ of AS/NZS 60335.2.69:2012
or
Until 26/10/2015, standard A, or standard B, in conjunction with IEC 60335-2-69 Ed 3.2 as modified by Annex ZZ of AS/NZS 60335.2.69:2003, including Amendments 1 to 3
Whirlpool baths and whirlpool spasStandard A, or standard B, in conjunction with IEC 60335-2-60 Ed 3.2 as modified by Annex ZZ of AS/NZS 60335.2.60:2006, including Amendment 1
2 Other electrical appliances

Standards apply to other electrical appliances as set out in the following table:

Other electrical appliancesApplicable standard
Electric duct heatersAS/NZS 3102:2002, including Amendments 1 to 3
Electric toysIEC 62115 Ed 1.2
Portable invertersAS/NZS 4763:2011
Smoke detectorsAS/NZS 3100:2009, including Amendments 1 and 2
3 Low voltage electrical apparatus

Standards apply to low voltage electrical apparatus as set out in the following table:

Low voltage electrical apparatusApplicable standard
Air-break switchesAS/NZS 3133:2008, including Amendments 1 and 2
Appliance couplers for household and similar general purposesAS/NZS 60320.1:2012
or
IEC 60320-1 Ed 2.1
Bayonet lampholder adaptorsAS 3119:1994
Bayonet lampholdersAS/NZS 61184:2007
or
IEC 61184 Ed 3.1, including Amendment 2, as modified by AS/NZS 61184:2007
or
Until 30/12/2016, AS/NZS 3117:2007
Ceiling rosesAS/NZS 3113:2005
Cord extension setsAS/NZS 3199:2007
Cord extension socketsAS/NZS 3120:2011
Cord-line switchesAS/NZS 3127:2005
or
IEC 61058-2-1 Ed 2.0
Edison screw lampholdersAS/NZS 60238:2007
or
IEC 60238 Ed 8.2 as modified by AS/NZS 60238:2007
or
Until 30/12/2016, AS/NZS 3140:2007
Electric shaver supply unitsAS/NZS 3194:1993, including Amendment 1
Electrical equipment for spa and swimming poolsAS/NZS 3136:2001, including Amendments 1 and 2
Electrical equipment of machinesIEC 60204-1 Ed 5.1
Electrical portable outlet devicesAS/NZS 3105:2012
Interconnection couplers for household and similar equipmentAS/NZS 60320.2.2:2004
or
IEC 60320-2-2 Ed 2.0
Plugs and socket-outletsAS/NZS 3112:2011, including Amendment 1
Plugs and socket-outlets for stationary appliancesAS/NZS 3131:2001
Plugs, socket-outlets, and couplers for general industrial applicationAS/NZS 3123:2005
Plugs, socket-outlets, and couplers for industrial purposes—dimensional interchangeability requirements for pin and contact-tube accessoriesIEC 60309-2 Ed 4.2
Plugs, socket-outlets, and couplers for industrial purposes—general requirementsIEC 60309-1 Ed 4.2
Plugs, socket-outlets, and couplers for industrial purposes—switched socket-outlets and connectors with or without interlockIEC 60309-4 Ed 1.1
Plugs, socket-outlets, vehicle couplers, and vehicle inlets—conductive charging of electric vehiclesIEC 62196-1 Ed 2.0
Portable electrical control or conditioning devicesAS/NZS 3197:2005, including Amendments 1 and 2
Sewing machine couplersAS/NZS 60320.2.1:2004
or
IEC 60320-2-1 Ed 2.0
Socket-outlet adaptorsAS/NZS 3122:2005
Temperature sensing controlsIEC 60730-2-9 Ed 3.1
4 Electric wires and cables

Standards apply to electric wires and cables as set out in the following table:

Electric wires and cablesApplicable standard
Cables for high voltage luminous discharge tube installationsAS/NZS 3166:1993
Electric cables—polymeric insulated—for distribution and service applications
Electric cables—polymeric insulated—for working voltages up to and including 0.6/1 (1.2) kV
AS/NZS 4961:2003
Electric cables—polymeric insulated—for working voltages up to and including 0.6/1 (1.2) kVAS/NZS 5000.1:2005, including Amendment 1
Electric cables—polymeric insulated—for working voltages up to and including 450/750 VAS/NZS 5000.2:2006
Electric cables—polymeric insulated—multicore control cablesAS/NZS 5000.3:2003
Electric flexible cordsAS/NZS 3191:2008
or
IEC 60227 and IEC 60245 series
Heating cables with a rated voltage of 300/500 V for comfort heating and prevention of ice formationIEC 60800 Ed 3.0
Polyvinyl chloride insulated cables of rated voltages up to and including 450/750 V—flexible cables (cords)AS/NZS 60227.5:2003, including Amendment 1
or
IEC 60227-5 Ed 3.0
Rubber insulated cables—rated voltages up to and including 450/750 V—cords and flexible cablesAS/NZS 60245.4:2003, including Amendment 1
or
IEC 60245-4 Ed 3.0
Rubber insulated cables—rated voltages up to and including 450/750 V—cords for applications requiring high flexibilityIEC 60245-8 Ed 1.2
Rubber insulated cables—rated voltages up to and including 450/750 V—heat-resistant silicone insulated cablesIEC 60245-3 Ed 2.0, including Amendments 1 and 2
5 Switches for circuits, installation protective devices, and connection devices

Standards apply to switches for circuits, installation protective devices, and connection devices as set out in the following table:

Switches for circuits, installation protective devices, and connection devicesApplicable standard
Assemblies for power distribution in public networksAS/NZS 3439.5:2001
or
IEC 61439-5 Ed 1.0
Circuit-breakers for overcurrent protection for household and similar installations—circuit-breakers for AC operationAS/NZS 60898.1:2004
or
IEC 60898-1 Ed 1.2 as modified by AS/NZS 60898.1:2004
or
AS/NZS 3111:2009, including Amendment 1
Circuit-breakers for overcurrent protection for household and similar installations—circuit-breakers for AC and DC operationAS/NZS 60898.2:2004
or
IEC 60898-2 Ed 1.1 as modified by AS/NZS 60898.2:2004
Contactors and motor-starters—AC semiconductor controllers and contactors for non-motor loadsAS/NZS 3947.4.3:2000
or
IEC 60947-4-3 Ed 1.2
Control circuit devices and switching elements—DC interface for proximity sensors and switching amplifiers (NAMUR)AS/NZS 3947.5.6:2000
or
IEC 60947-5-6 Ed 1.0
Control circuit devices and switching elements—electrical emergency stop device with mechanical latching functionAS/NZS 3947.5.5:2000
or
IEC 60947-5-5 Ed 1.1
Control circuit devices and switching elements—proximity devices with defined behaviour under fault conditionsAS/NZS 3947.5.3:2000
or
IEC 60947-5-3 Ed 1.1
Electromagnetic remote-control switches (RCS)IEC 60669-1 Ed 3.2 as modified by AS/NZS 60669.1:2013 in conjunction with IEC 60669-2-2 Ed 3.0
Electronic switchesIEC 60669-1 Ed 3.2 as modified by AS/NZS 60669.1:2013 in conjunction with IEC 60669-2-1 Ed 4.1 as modified by AS/NZS 60669.2.1:2013
Installation couplers intended for permanent connection in fixed installationsIEC 61535 Ed 1.1
Isolating switchesIEC 60669-1 Ed 3.2 as modified by AS/NZS 60669.1:2013 in conjunction with IEC 60669-2-4, Ed 1.0
Low-voltage assemblies intended to be installed in places where unskilled persons have access for their useAS/NZS 3439.3:2002
or
IEC 60439-3 Ed 1.2 as modified by AS/NZS 3439.3:2002
Low-voltage fuses for use by authorised personsIEC 60269-1 Ed 4.1 in conjunction with IEC 60269-2 Ed 4.0
Low-voltage fuses for use by unskilled personsIEC 60269-1 Ed 4.1 in conjunction with IEC 60269-3 Ed 4.0
Low-voltage switchgear and controlgears assemblies for construction sites (ACS)AS/NZS 3439.4:2009
or
IEC 60439-4 Ed 2.0
Multiple-function equipment—automatic transfer switching equipmentAS/NZS 3947.6.1:2001
or
IEC 60947-6-1 Ed 2.0
Residual current operated circuit-breakers with integral overcurrent protection for household and similar uses (RCBOs)AS/NZS 61009.1:2011
or
IEC 61009-1 Ed 3.0 as modified by AS/NZS 61009.1:2011
or
AS/NZS 3190:2011
Residual current operated circuit-breakers without integral overcurrent protection for household and similar uses (RCCBs)AS/NZS 61008.1:2011
or
IEC 61008-1 Ed 3.0 as modified by AS/NZS 61008.1:2011
or
AS/NZS 3190:2011
Switches, disconnectors, switch-disconnectors, and fuse-combination unitsAS/NZS 3947.3:2001
or
IEC 60947-3 Ed 3.1
Time-delay switches (TDS)IEC 60669-1 Ed 3.2 as modified by AS/NZS 60669.1:2013 in conjunction with IEC 60669-2-3 Ed 3.0
Type F and type B residual current operated circuit-breakers with and without integral overcurrent protection for household and similar usesIEC 62423 Ed 2.0
Type-tested and partially type-tested assembliesAS/NZS 3439.1:2002
or
IEC 61439-1 Ed 2.0
6 Hand-held motor-operated electric tools

(1)

In subclause (2),—

standard E means IEC 60745-1 Ed 4.0 as modified by AS/NZS 60745.1:2009

standard F means AS/NZS 60745.1:2003, including Amendments 1 to 3.

(2)

Standards apply to hand-held motor-operated electric tools as set out in the following table:

Hand-held motor-operated electric toolsApplicable standard
Band sawsStandard E in conjunction with IEC 60745-2-20 Ed 1.1
Chain sawsStandard E in conjunction with IEC 60745-2-13 Ed 2.1
Circular sawsStandard E in conjunction with IEC 60745-2-5 Ed 5.0
or
Until 29/04/2014, standard E in conjunction with IEC 60745-2-5 Ed 4.0
Concrete vibratorsStandard E in conjunction with IEC 60745-2-12 Ed 2.1 as modified by Annex ZZ of AS/NZS 60745.2.12:2009
Cut-off machinesStandard E in conjunction with IEC 60745-2-22 Ed 1.0 as modified by AS/NZS 60745.2.22:2011
Drain cleanersStandard E in conjunction with IEC 60745-2-21 Ed 1.1
Drills and impact drillsStandard E in conjunction with IEC 60745-2-1 Ed 2.1
Grinders, polishers, and disc-type sandersStandard E in conjunction with IEC 60745-2-3 Ed 2.2 as modified by AS/NZS 60745.2.3:2013
or
Until 31/05/2015, standard E in conjunction with IEC 60745-2-3 Ed 2.1 as modified by AS/NZS 60745:2011
HammersStandard E in conjunction with IEC 60745-2-6 Ed 2.2 as modified by Annex ZZ of AS/NZS 60745.2.6:2009
Hedge trimmersStandard E in conjunction with IEC 60745-2-15 Ed 2.1
JointersStandard E in conjunction with IEC 60745-2-19 Ed 1.1
Other hand-held motor-operated electric toolsAS/NZS 3160:2009 including Amendments 1 and 2
PlanersStandard E in conjunction with IEC 60745-2-14 Ed 2.2
Reciprocating saws (jig and sabre saws)Standard E in conjunction with IEC 60745-2-11 Ed 2.1
Routers and trimmersStandard E in conjunction with IEC 60745-2-17 Ed 3.0
or
Until 29/04/2014, standard F in conjunction with AS/NZS 60745.2.17:2003
Sanders and polishers other than disc typeStandard E in conjunction with IEC 60745-2-4 Ed 2.1
Screwdrivers and impact wrenchesStandard E in conjunction with IEC 60745-2-2 Ed 2.1 as modified by Annex ZZ of AS/NZS 60745.2.2:2009
Shears and nibblersStandard E in conjunction with IEC 60745-2-8 Ed 2.1 as modified by Annex ZZ of AS/NZS 60745.2.8:2009
Spray guns for non-flammable liquidsAS/NZS 3160:2009 including Amendments 1 and 2
Strapping toolsStandard E in conjunction with IEC 60745-2-18 Ed 1.1
TackersStandard E in conjunction with IEC 60745-2-16 Ed 2.0
TappersStandard E in conjunction with IEC 60745-2-9 Ed 2.1
7 Electric welding machines

Standards apply to electric welding machines as set out in the following table:

Electric welding machinesApplicable standard
Limited-duty, portable AC arc welding machinesIEC 60974-6 Ed 2.0
or
IEC 60974-6 Ed 1.0 as modified by AS 60974.6:2006
8 Audio and video products

Standards apply to audio and video products as set out in the following table:

Audio and video productsApplicable standard
Audio, video, and similar electronic apparatusAS/NZS 60065:2012
or
IEC 60065 Ed 7.2 as modified by Annex ZZ of AS/NZS 60065:2012
Power supplies for IT equipmentAS/NZS 60065:2012
or
IEC 60065 Ed 7.2 as modified by Annex ZZ of AS/NZS 60065:2012
9 Information technology equipment

Standards apply to information technology equipment as set out in the following table:

Information technology equipmentApplicable standard
Information technology equipmentAS/NZS 60950.1:2011
or
IEC 60950-1 Ed 2.1, as modified by Annex ZZ of AS/NZS 60950.1:2011
Power supplies for IT equipmentAS/NZS 60950.1:2011
or
IEC 60950-1 Ed 2.1, as modified by Annex ZZ of AS/NZS 60950.1:2011
10 Electrical medical devices

(1)

In subclause (2),—

standard G means IEC 60601-1 Ed 3.0, including Amendment 1

standard H means IEC 60601-1 Ed 2.0, including Amendments 1 and 2.

(2)

Standards apply to electrical medical devices as set out in the following table:

Electrical medical devicesApplicable standard
Ambulatory electrocardiographic systemsStandard G in conjunction with IEC 60601-2-47 Ed 2.0
Anaesthetic systemsStandard G in conjunction with IEC 80601-2-13 Ed 1.0
Automatic cycling non-invasive blood pressure monitoring equipmentStandard G in conjunction with IEC 80601-2-30 Ed 1.0
Blankets, pads, and mattresses intended for heating in medical useStandard G in conjunction with IEC 80601-2-35 Ed 2.0
Cardiac defibrillatorsStandard G in conjunction with IEC 60601-2-4 Ed 3.0
Clinical thermometers for body temperature measurementStandard G in conjunction with IEC 80601-2-56 Ed 1.0
Collateral standard—Alarm systems in medical electrical equipment and medical electrical systemsStandard G in conjunction with IEC 60601-1-8 Ed 2.1
Collateral standard—Medical electrical equipment and medical electrical systems used in the home healthcare environmentStandard G in conjunction with IEC 60601-1-11 Ed 1.0
Collateral standard—Medical electrical systemsStandard H in conjunction with IEC 60601-1-1 Ed 2.0
Collateral standard—Physiologic closed-loop controllersStandard G in conjunction with IEC 60601-1-10 Ed 1.0
Collateral standard—Programmable electrical medical systemsStandard H in conjunction with IEC 60601-1-4 Ed 1.1
Collateral standard—Radiation protection in diagnostic X-ray equipmentStandard G in conjunction with IEC 60601-1-3 Ed 2.1
Collateral standard—usabilityStandard G in conjunction with IEC 60601-1-6 Ed 3.0
Critical care ventilatorsStandard G in conjunction with IEC 80601-2-12 Ed 1.0
Dental extra-oral X-ray equipmentStandard G in conjunction with IEC 60601-2-63 Ed 1.0
Dental intra-oral X-ray equipmentStandard G in conjunction with IEC 60601-2-65 Ed 1.0
Diagnostic and therapeutic laser equipmentStandard G in conjunction with IEC 60601-2-22 Ed 3.1
Direct blood-pressure monitoring equipmentStandard G in conjunction with IEC 60601-2-34 Ed 3.0
Electrocardiographic monitoring equipmentIEC 60601-2-25 Ed 2.0, including Amendment 1
and
IEC 60601-2-27 Ed 3.0
ElectroencephalographsStandard G in conjunction with IEC 60601-2-26 Ed 2.0
Electromyographs and evoked response equipmentStandard G in conjunction with IEC 60601-2-40 Ed 1.0
Electron accelerators in the range of 1 MeV to 50 MeVStandard G in conjunction with IEC 60601-2-1 Ed 3.0
Endoscopic equipmentStandard G in conjunction with IEC 60601-2-18 Ed 3.0
External cardiac pacemakers with internal power sourceStandard G in conjunction with IEC 60601-2-31 Ed 2.1
Extracorporeally induced lithotripsyStandard G in conjunction with IEC 60601-2-36 Ed 1.0
Gamma beam therapy equipmentStandard G in conjunction with IEC 60601-2-11 Ed 3.0
Haemodialysis, haemodiafiltration, and haemofiltration equipmentStandard G in conjunction with IEC 60601-2-16 Ed 4.0
High-frequency surgical equipmentStandard G in conjunction with IEC 60601-2-2 Ed 5.0
Infant incubatorsStandard G in conjunction with IEC 60601-2-19 Ed 2.0
Infant phototherapy equipmentStandard G in conjunction with IEC 60601-2-50 Ed 2.0
Infant radiant warmersStandard G in conjunction with IEC 60601-2-21 Ed 2.0
Infant transport incubatorsStandard G in conjunction with IEC 60601-2-20 Ed 2.0
Infusion pumps and controllersStandard G in conjunction with IEC 60601-2-24 Ed 2.0
Lens removal devices and vitrectomy devices for ophthalmic surgeryStandard G in conjunction with IEC 80601-2-58 Ed 1.0
Magnetic resonance equipment for medical diagnosisStandard G in conjunction with IEC 60601-2-33 Ed 3.1
Mammographic X-ray equipment and mammographic stereotactic devicesStandard G in conjunction with IEC 60601-2-45 Ed 3.0
Medical bedsStandard G in conjunction with IEC 60601-2-52 Ed 1.0
Microwave therapy equipmentStandard G in conjunction with IEC 60601-2-6 Ed 2.0
Multifunction patient monitoring equipmentStandard G in conjunction with IEC 60601-2-49 Ed 2.0
Nerve and muscle stimulatorsStandard G in conjunction with IEC 60601-2-10 Ed 2.0
Non-laser light source equipment intended for therapeutic, diagnostic, monitoring and cosmetic/aesthetic useStandard G in conjunction with IEC 60601-2-57 Ed 1.0
Operating tablesStandard G in conjunction with IEC 60601-2-46 Ed 2.0
Oxygen concentrators for individual patient useStandard H in conjunction with ISO 8359:1996 including Amendment 1
Peritoneal dialysis equipmentStandard G in conjunction with IEC 60601-2-39 Ed 2.0
Pulse oximeter equipmentStandard G in conjunction with IEC 80601-2-61 Ed 1.0
Radiotherapy simulatorsStandard G in conjunction with IEC 60601-2-29 Ed 3.0
Remote-controlled automatically driven gamma-ray afterloading equipmentStandard H in conjunction with IEC 60601-2-17 Ed 2.0
Requirements and tests for electromagnetic compatibilityStandard G in conjunction with IEC 60601-1-2 Ed 3.0
Respiratory gas monitorsStandard G in conjunction with IEC 80601-2-55 Ed 1.0
Screening thermographs for human febrile temperature screeningStandard G in conjunction with IEC 80601-2-59 Ed 1.0
Short-wave therapy equipmentStandard G in conjunction with IEC 60601-2-3 Ed 3.0
Sleep apnoea breathing therapy equipmentStandard H in conjunction with ISO 17510-1:2007
Surgical luminaires and luminaires for diagnosisStandard G in conjunction with IEC 60601-2-41 Ed 2.0
Therapeutic X-ray generatorsStandard G in conjunction with IEC 60601-2-8 Ed 2.0
Transcutaneous partial pressure monitoring equipmentStandard G in conjunction with IEC 60601-2-23 Ed 3.0
Ultrasonic medical diagnostic and monitoring equipmentStandard G in conjunction with IEC 60601-2-37 Ed 2.0
Ultrasonic physiotherapy equipmentStandard G in conjunction with IEC 60601-2-5 Ed 3.0
X-ray equipment for interventional proceduresStandard G in conjunction with IEC 60601-2-43 Ed 2.0
X-ray equipment for radiography and radioscopyStandard G in conjunction with IEC 60601-2-54 Ed 1.0
X-ray source assemblies and X-ray tube assemblies for medical diagnosis generatorsStandard G in conjunction with IEC 60601-2-28 Ed 2.0
11 Lighting fittings

(1)

In subclause (2),—

standard J means IEC 60598-1 Ed 7.0 as modified by Annex ZZ of AS/NZS 60598.1:2003

standard K means AS/NZS 60598.1:2003.

(2)

Standards apply to lighting fittings as set out in the following table:

Lighting fittingsApplicable standard
Air handling luminairesStandard J in conjunction with IEC 60598-2-19 Ed 1.0, including Amendments 1 and 2
or
Standard K in conjunction with AS/NZS 60598.2.19:2001
Aquarium luminairesStandard J in conjunction with IEC 60598-2-11 Ed 1.0
Extra low voltage lighting systems for filament lampsStandard J in conjunction with IEC 60598-2-23 Ed 1.1 as modified by AS/NZS 60598.2.23:2002
or
Standard K in conjunction with AS/NZS 60598.2.23:2002
Fixed general-purpose luminairesStandard J in conjunction with IEC 60598-2-1 Ed 1.0, including Amendment 1 (Annex ZZ of AS/NZS 60598.1:2003 is not applicable)
or
Standard K in conjunction with AS/NZS 60598.2.1:1998
FloodlightsStandard J in conjunction with IEC 60598-2-5 Ed 2.0 as modified by AS/NZS 60598.2.5:2002
or
Standard K in conjunction with AS/NZS 60598.2.5:2002
Ground-recessed luminairesStandard J in conjunction with IEC 60598-2-13 Ed 1.0
HandlampsStandard J in conjunction with IEC 60598-2-8 Ed 3.0
or
Standard K in conjunction with AS/NZS 60598.2.8:2002
Lighting chainsStandard J in conjunction with IEC 60598-2-20 Ed 3.0 as modified by AS/NZS 60598.2.20:2002
or
Standard K in conjunction with AS/NZS 60598.2.20:2002
Luminaires for cold cathode tubular discharge lamps (neon tubes) and similar equipmentStandard J in conjunction with IEC 60598-2-14 Ed 1.0
Luminaires for emergency lightingStandard J in conjunction with IEC 60598-2-22 Ed 3.2 as modified by Compliance Document for New Zealand Building Code Clause F6
or
Standard K in conjunction with AS/NZS 60598.2.22:2005 as modified by Compliance Document for New Zealand Building Code Clause F6
Luminaires for road and street lightingStandard J in conjunction with IEC 60598-2-3 Ed 3.0
Luminaires for stage lighting, television, film, and photographic studios (outdoor and indoor)Standard J in conjunction with IEC 60598-2-17 Ed 1.2
or
Standard K in conjunction with AS/NZS 60598.2.17:2006
Luminaires for swimming pools and similar applicationsStandard J in conjunction with IEC 60598-2-18 Ed 2.0 as modified by Annex ZZ of AS/NZS 60598.2.18:1998
or
Standard K in conjunction with AS/NZS 60598.2.18:1998
Luminaires for use in clinical areas of hospitals and health care buildingsStandard J in conjunction with IEC 60598-2-25 Ed 1.0, including Amendment 1
or
Standard K in conjunction with AS/NZS 60598.2.25:2001
Luminaires with built-in transformers or convertors for filament lampsStandard J in conjunction with IEC 60598-2-6 Ed 2.0, including Amendment 1
or
Standard K in conjunction with AS/NZS 60598.2.6:1998
Luminaires with limited surface temperaturesStandard J in conjunction with IEC 60598-2-24 Ed 1.0
Mains socket-outlet mounted nightlightsStandard J in conjunction with IEC 60598-2-12 Ed 2.0 in conjunction with Annex J of AS/NZS 3112:2011
Photo and film luminaires (non-professional)Standard J in conjunction with IEC 60598-2-9 Ed 2.0, including Amendment 1
or
Standard K in conjunction with AS/NZS 60598.2.9:2006
Portable general-purpose luminairesStandard J in conjunction with IEC 60598-2-4 Ed 2.0 as modified by AS/NZS 60598.2.4:2005, including Amendment 1
or
Standard K in conjunction with AS/NZS 60598.2.4:2005, including Amendment 1
Portable luminaires for childrenStandard J in conjunction with IEC 60598-2-10 Ed 2.0 as modified by Annex ZZ of AS/NZS 60598.2.10:1998
Portable luminaires for garden useStandard J in conjunction with IEC 60598-2-10 Ed 2.0 as modified by Annex ZZ of AS/NZS 60598.2.10:1998
Recessed luminairesStandard J in conjunction with IEC 60598-2-2 Ed 2.1 as modified by AS/NZS 60598.2.2:2001, including Amendment A
12 Lamp control gear

(1)

In subclause (2),—

standard L means AS/NZS 61347.1:2002

standard M means IEC 61347-1 Ed 2.1 as modified by AS/NZS 61347.1:2002.

(2)

Standards apply to lamp control gear as set out in the following table:

Lamp control gearApplicable standard
AC supplied electronic ballasts for fluorescent lampsStandard L in conjunction with AS/NZS 61347.2.3:2004
or
Standard M in conjunction with IEC 61347-2-3 Ed 1.1, including Amendment 2
or
IEC 61347-2-3 Ed 2.0
Ballasts for discharge lamps (excluding fluorescent lamps)Standard L in conjunction with AS/NZS 61347.2.9:2004
or
Standard M in conjunction with IEC 61347-2-9 Ed 1.2
Ballasts for fluorescent lampsStandard L in conjunction with AS/NZS 61347.2.8:2003
or
Standard M in conjunction with IEC 61347-2-8 Ed 1.1
DC or AC supplied electronic ballasts for discharge lamps (excluding fluorescent lamps)Standard M in conjunction with IEC 61347-2-12 Ed 1.1
DC or AC supplied electronic controlgear for LED modulesStandard L in conjunction with IEC 61347-2-13 Ed 1.0
DC or AC supplied electronic step-down convertors for filament lampsStandard L in conjunction with AS/NZS 61347.2.2:2007
DC supplied electronic ballasts for aircraft lightingStandard L in conjunction with AS/NZS 61347.2.6:2002
or
Standard M in conjunction with IEC 61347-2-6 Ed 1.0
or
IEC 61347-2-3 Ed 2.0
DC supplied electronic ballasts for emergency lightingStandard M in conjunction with IEC 61347-2-7 Ed 2.0
DC supplied electronic ballasts for general lightingStandard L in conjunction with AS/NZS 61347.2.4:2002
or
Standard M in conjunction with IEC 61347-2-4 Ed 1.0