Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022

2022/65

Coat of Arms of New Zealand

Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 14th day of March 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 36(1) of the Energy Efficiency and Conservation Act 2000—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Energy and Resources made in accordance with section 36(2) of that Act.

Regulations

1 Title

These regulations are the Energy Efficiency (Vehicle Energy Economy Labelling) Amendment Regulations 2022.

2 Commencement

These regulations come into force on 1 April 2022.

3 Principal regulations

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

4 Title of principal regulations amended

In regulation 1, replace “Fuel” with “Energy”.

5 Regulation 3 amended (Interpretation)

(1)

In regulation 3, definition of fuel economy information, replace “fuel” with “energy”.

(2)

In regulation 3, definition of fuel economy label, replace “fuel” with “energy”.

6 New regulation 3A inserted (Transitional, savings, and related provisions)

After regulation 3, insert:

3A Transitional, savings, and related provisions

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

7 Regulation 4 amended (Fuelsaver information defined)

(1)

After regulation 4(b), insert:

(ba)

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

(2)

In regulation 4(c) and (d), replace “fuel” with “energy”.

(3)

Replace regulation 4(e) with:

(e)

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

(4)

After regulation 4(e), insert:

(ea)

carbon dioxide emissions (rating out of 6 stars):

(eb)

carbon dioxide emissions (grams per km):

(ec)

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

(5)

In regulation 4(f), replace “fuel” with “energy”.

8 Regulation 6 amended (Motor vehicle traders must display fuel economy labels for certain motor vehicles on display)

(1)

In the heading to regulation 6, replace “fuel” with “energy”.

(2)

In regulation 6(4), replace “a fuel” with “an energy”.

(3)

In regulation 6(5), replace “fuel” with “energy”.

(4)

Replace regulation 6(6) with:

(6)

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

(a)

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

(b)

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

(c)

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

(7)

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

CategoryColourExample
Vehicle that qualifies for a rebategreenPart 1 of Schedule 2
Vehicle that is subject to a charge under the Land Transport (Clean Vehicle Discount Scheme Charges Regulations) 2022redPart 2 of Schedule 2
Vehicle that has already been registered in New ZealandbluePart 3 of Schedule 2
Vehicle that does not otherwise qualify for a rebate and is not subject to a chargebluePart 4 of Schedule 2
9 Regulation 7 amended (Persons must display fuel economy information for certain motor vehicles offered for sale on websites)

(1)

In the heading to regulation 7, replace “fuel” with “energy”.

(2)

In regulation 7(2) and (3), replace “fuel” with “energy”.

(3)

In regulation 7(4),—

(a)

replace “fuel” with “energy”; and

(b)

replace “regulation 4(a) to (e)” with “4(a) to (ec)”.

10 Regulation 8 amended (Period for which fuel economy label or fuel economy information must be displayed)

(1)

In the heading to regulation 8, replace “fuel” with “energy” in each place.

(2)

In regulation 8(1) and (2) replace “fuel” with “energy”.

11 Regulation 9 amended (Person must update information before specified date)

In regulation 9(1) and (2), replace “fuel” with “energy” in each place.

12 Regulation 10 amended (Person may update information at any time)

In regulation 10, replace “fuel” with “energy” in each place.

13 Regulation 11 amended (Strict liability offences)

In regulation 11(b), replace “fuel” with “energy” in each place.

14 New Schedule 1AA inserted

Insert the Schedule 1AA set out in Schedule 1 of these regulations as the first schedule to appear after the last regulation of the principal regulations.

15 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in Schedule 2 of these regulations.

16 Schedule 2 replaced

Replace Schedule 2 with the Schedule 2 set out in Schedule 3 of these regulations.

17 Schedule 3 revoked

Revoke Schedule 3.

Schedule 1 New Schedule 1AA inserted

r 14

Schedule 1AA Transitional, savings, and related provisions

r 3A

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

1 References to previous Title

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

Schedule 2 Schedule 1 replaced

r 15

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

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

Part 1 Form of energy economy label

Form of energy economy label

Part 2 Example of energy economy label (greyscale)

Example of energy economy label (greyscale)

Schedule 3 Schedule 2 replaced

r 16

Schedule 2 Energy economy label (colour) example

r 6(7)

Part 1 Vehicle that qualifies for rebate

Vehicle that receives rebate

Part 2 Vehicle subject to charge

Vehicle that receives charge

Part 3 Vehicle already registered in New Zealand

Vehicle already registered in New Zealand

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

Vehicle not otherwise qualifying for rebate and not subject to charge

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 April 2022, amend the Energy Efficiency (Vehicle Fuel Economy Labelling) Regulations 2007).

The amendments require additional information to be included in—

  • the energy economy label that motor vehicle traders must display on certain motor vehicles offered for sale:

  • the energy economy information that must be displayed by any person who offers a motor vehicle for sale on certain Internet sites.

This additional information concerns the carbon dioxide emissions of the vehicle and the amount of any rebate or charge applicable to the vehicle based on those carbon dioxide emissions.

The regulations also include amendments to—

  • clarify that the existing requirement to display the fuel economy of the vehicle per 100 km applies regardless of the vehicle type. This information will have to be provided as litres per 100 km or kilowatt hours per 100 km, whichever applies:

  • change certain references to fuel economy to references to energy economy, throughout the regulations, to take account of the extended range of vehicle types to which the regulations apply:

  • prescribe new requirements concerning the forms and colours in which energy economy labels must be printed for display.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 17 March 2022.

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