Pursuant to section 31 of the Fair Trading Act 1986, the Minister of Consumer Affairs gives the following notice.
N o t i c e
1. Title and effect—This notice may be cited as the Unsafe Goods (Chainsaws without a chain brake) Notice 2009.
This notice is effective from the date of publication in the New Zealand Gazette.
2. Certain chainsaws declared to be unsafe goods—Goods which do not comply with the Schedule to this notice are declared to be unsafe goods and are prohibited from supply for a period of 18 months from the date of publication in the New Zealand Gazette.
3. Application—This notice applies to new and used chainsaws supplied, or offered for supply, or advertised for supply, in trade or otherwise than in trade.
4. Definition of chainsaw—For the purposes of the notice, “chainsaw” means any powered machine which drives an exposed chain for the purposes of cutting and which is operated by being hand held. This excludes any driven chains which are operated at the end of a pole and which are generally referred to as “pole pruners”, “power pruners” or “long reach pruners”.
5. Period of notice—This notice will be in force for
a period of 18 months from the date of publication in
the New Zealand Gazette unless revoked by the Minister of Consumer Affairs by notice in the New Zealand Gazette.
6. New Zealand Customs Service requirements—All persons importing into New Zealand a chainsaw to
which this notice applies must on request, produce to a
New Zealand Customs Service officer documentation showing that the chainsaw complies with the Schedule.
7. Commerce Commission requirements—All persons supplying, offering for supply or advertising a
chainsaw to which this notice applies must on request, produce to a Commerce Commission officer within
10 days, documentation showing that the chainsaw
complies with the Schedule.
8. Documentation—Acceptable documentation includes:
(a) A certificate of compliance with ISO 6535:2008 providing:
? the name and address of the importer or manufacturer.
? the make and model number of the chainsaw.
? the date of the test and the results of the test.
(b) A statement that the chainsaw complies with ISO 6535:2008, providing:
? the name and address of the supplier.
? the make and model number of the chainsaw.
? the date of the statement.
? the statement: “The statement above is true to the best of my knowledge and belief. I am aware that a false statement may be a breach of the Fair Trading Act 1986 and may lead to a penalty of up to $60,000 for an individual and up to $200,000 for a company”.
? The signature of the supplier.
Schedule
All chainsaws must comply with ISO 6535:2008 Portable chainsaws – chain brake performance.
Dated at Wellington this 24th day of September 2009.
HON HEATHER ROY, Minister of Consumer Affairs.
Explanatory Note
This note is not part of the notice but is intended to indicate its general effect.
This notice declares chainsaws that do not comply with the Schedule to be unsafe goods and prohibits the supply of
the goods for a period of 18 months after the publication
of the notice in the New Zealand Gazette under section
31 of the Fair Trading Act 1986.
It is an offence under the Fair Trading Act 1986 to supply, or offer to supply, or advertise to supply, goods which
are declared to be unsafe goods. Section 33 of the Fair Trading Act 1986 prohibits the importation of such goods into New Zealand.
All persons bringing chainsaws into New Zealand must comply with the requirements of New Zealand Customs Service.