Gas (Safety and Measurement) Regulations 2010

54 Gas appliances and specified fittings to be certified

(1)

This regulation applies to—

(a)

every gas appliance that is manufactured in, or imported into, New Zealand on or after 1 July 2013; and

(b)

fittings that WorkSafe, under regulation 64, has specified must be certified under this regulation (specified fittings).

(2)

Despite subclause (1), this regulation does not apply to—

(a)

a gas appliance that has the design capacity to consume 60 000 megajoules or more of gas energy per hour; or

(b)

any gas appliance or specified fittings endorsed under regulation 57.

(3)

The importer or manufacturer of the gas appliance or specified fittings must ensure that, before the appliance or fittings are sold or offered for sale in New Zealand, the appliance or fittings are certified in accordance with regulation 55.

(4)

An importer or manufacturer that fails to comply with subclause (3) commits an offence and is liable on conviction to a level 2 penalty.

(5)

A person who sells or offers to sell a gas appliance or specified fittings to which this regulation applies commits an offence and is liable on conviction to a level 2 penalty if the person—

(a)

knows that the appliance or fittings are not certified as required by subclause (3), or is reckless as to that matter; or

(b)

knows that any purported certification of the appliance or fittings is false, or is reckless as to that matter.

Regulation 54: substituted, on 10 November 2011, by regulation 14 of the Gas (Safety and Measurement) Amendment Regulations 2011 (SR 2011/371).

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

Regulation 54(4): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 54(4): amended, on 1 July 2013, by regulation 8(1) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).

Regulation 54(5): amended, on 4 October 2013, by regulation 3(2) of the Criminal Procedure (Consequential Amendments) Regulations 2013 (SR 2013/409).

Regulation 54(5): amended, on 1 July 2013, by regulation 8(1) of the Gas (Safety and Measurement) Amendment Regulations 2012 (SR 2012/280).