“competent person, except in regulation 11(2), means a person with at least 3 years of previous or current membership of a New Zealand model engineering hobby club, and—

• “(a)  who—

  • “(i) is not a current member of the club whose model engineering amusement device is being examined; and

  • “(ii) has a recognised engineering qualification at certificate, diploma, or degree level in mechanical, electrical, or automotive engineering; or

• “(b) who, whether or not the person is a current member of the club whose model engineering amusement device is being examined, has a formal endorsement as a safety auditor under a safety auditing system administered by the Model Engineering Association of New Zealand Incorporated or another collective organisation of model engineering hobby clubs in New Zealand

“competent person's certificate, in relation to a model engineering amusement device, means a certificate issued by a competent person that certifies that the device can, subject to conditions and requirements (if any) specified in the certificate, be erected and operated without danger to persons operating or using it or in its vicinity

“model engineering amusement device means the following amusement devices operated by a model engineering hobby club:

• “(a) a scale model locomotive that operates on a fixed track and has—

  • “(i) a rail gauge between 62 mm and 185 mm; and

  • “(ii) a maximum speed of 10 to 15 km per hour; or

• “(b) a scale model traction engine that—

  • “(i) does not operate on a fixed track; and

  • “(ii) has a maximum speed of 5 km per hour

“model engineering hobby club means a club that—

• “(a) builds and operates model engineering amusement devices primarily for the enjoyment of its members; and

• “(b) is a society incorporated under the Incorporated Societies Act 1908”.

• “(4) An application must be accompanied by a fee of $30 and,—

  • “(a) in the case of an amusement device that is not a model engineering amusement device, an engineer's certificate in form 2:

  • “(b) in the case of a model engineering amusement device, either—

    • “(i) an engineer's certificate in form 2; or

    • “(ii) a competent person's certificate in form 2A.”

• “(1A) Subject to subclause (3), if, after examining a model engineering amusement device, the competent person is satisfied of the matters specified in regulation 5(1) that apply to it, the competent person may issue a competent person's certificate in respect of it.”

• “(3) If, having regard to the nature of the device, the extent of its likely usage, and any other factors the engineer or competent person (as the case may be) considers relevant, the engineer or competent person believes that the device should be examined again within a period of less than 2 years, the engineer or competent person must specify that period in the relevant certificate.”

“7 Certificate may be issued subject to conditions

• If an engineer or competent person is of the opinion that an amusement device cannot be erected and operated without danger to persons operating or using it or in its vicinity unless some condition or requirement is observed, the engineer or competent person must specify that condition or requirement in any certificate issued by the engineer or competent person in respect of the device.”