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 October 2012, amend the Energy Efficiency (Energy Using Products) Regulations 2002 (the principal regulations) by,—

• in Schedule 1, which lists product classes subject to minimum energy performance standards and applicable standards,—

  • adding compact fluorescent lamps and television sets to the list of product classes and specifying the applicable standards for each of those product classes:

  • replacing certain testing standards that apply to single-phase air conditioners and heat pumps:

  • replacing a testing standard relating to three-phase air conditioners and heat pumps:

• in Schedule 2, which lists product classes subject to mandatory energy performance labelling and applicable standards,—

  • adding television sets to the list of product classes and specifying applicable testing standards:

  • reincorporating by reference labelling standards applying to clothes washing machines and single-phase non-ducted air conditioners and air-to-air heat pumps to account for recent revisions to these standards. These standards apply in the form in which they exist on 1 October 2012:

• amending regulations 17 and 18 to clarify how they apply when a new item and applicable standard is added to Schedule 1 or 2. Regulation 17 is intended to deal with how the regulations apply to existing stocks of a product that is listed in one of the schedules when an applicable standard is replaced or revised, or a new standard is added, in respect of the product. Regulation 18 is intended to deal with how the regulations apply to existing stocks of a product when that product is added to one of the schedules and a new standard specified for that product.

The effect of the amendments, in broad terms, is that from 1 October 2012—

• a person who manufactures, imports, or makes television sets or compact fluorescent lamps available for sale, lease, hire, or hire purchase in New Zealand must ensure that the product complies with the specified standards. However, items manufactured in, or imported into, New Zealand before 1 October 2012 are exempt from these requirements under the provisions of regulation 18:

• in the case of television sets, despite what clause 5.1 of the standard (AS/NZS 62087.2.2:2011) provides, the minimum energy performance requirements that apply are the requirements for Tier 1 (as set out in clause 5.2 of the standard) and not the requirements for Tier 2:

• in the case of compact fluorescent lamps, despite what clauses 4.2 and 5.3 of the standard (AS/NZS 4847.2:2010) provide, in relation to test method requirements the option for alternative certification by the Efficient Lighting Initiative or UK Energy Saving Trust programmes that is available in Australia is also available in New Zealand:

• in relation to the other energy-using products dealt with in the amendments, all of which are already listed as products in Schedule 1, 2, or both, the replaced or revised standard applies from 1 October 2012. However, the exemption in regulation 17 applies to items manufactured in, or imported into, New Zealand before that date, if they comply with the standard that applied immediately before 1 October 2012.