Pursuant to section 31 of the Fair Trading Act 1986, the Minister of Consumer Affairs makes the following notice.
N o t i c e
1. Title and effect-This notice is the Unsafe Goods (Chainsaws Without a Chain Brake) Notice 2010.
2. Commencement-This notice is effective from the date of its publication in the New Zealand Gazette.
3. Revocation-This notice revokes the Unsafe Goods (Chainsaws Without a Chain Brake) Notice 2009*.
4. Application-(1) This notice applies to new and used chainsaws supplied, or offered for supply, or advertised for supply, in trade or otherwise.
(2) This notice is in force for a period of 18 months from the date of its publication in the New Zealand Gazette unless sooner revoked by the Minister of Consumer Affairs.
5. Definition of chainsaw-For the purposes of this notice, chainsaw-
(a) means any powered machine which drives an exposed chain for the purposes of cutting and which is operated by being hand held; but
(b) does not include a machine of the kind described in paragraph (a) that cuts from the end of a pole and is generally known as a "pole pruner", "power pruner", or "long reach pruner".
6. Certain chainsaws declared unsafe goods-(1) The following are unsafe goods:
(a) Any chainsaw without a chain brake; and
(b) any chainsaw with a chain brake that does not comply with at least one of the standards described in subclause (2).
(2) The standards are:
(a) in the case of a chainsaw of any kind (including
an electric powered chainsaw), ISO 6535:2008 Portable chain-saws - Chain brake performance; or
(b) in the case of an electric powered chainsaw,
clauses 19.107.1 and 19.107.2 of Part 2.13 (particular requirements for chainsaws) of AS/NZS 60745.2.13:2006 Hand-held Motor-operated Electric Tools - Safety; or
(c) a standard that corresponds to and replaces either of the standards referred to in paragraphs (a) and (b).
7. New Zealand Customs Service requirements-Any person importing into New Zealand (otherwise than for personal use as part of household effects) a chainsaw
to which this notice applies must, on request, produce to
a New Zealand Customs Service officer acceptable documentation (as defined in clause 9) showing that the chainsaw complies with clause 6(1)(b).
8. Commerce Commission requirements-Any person 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, acceptable documentation showing that the chainsaw complies with clause 6(l)(b).
9. Acceptable documentation-For the purposes of clauses 7 and 8, acceptable documentation means:
(a) a certificate of compliance with ISO 6535:2008, a certificate of compliance that includes compliance with clauses 19.107.1 and 19.107.2 of Part 2.13
of the ASINZS 60745.2.13:2006 (whichever is applicable), or a certificate of compliance with
a standard that corresponds to and replaces either
of those standards that sets out:
(i) the name and address of the importer or manufacturer; and
(ii) the make and model number of the chainsaw; and
(iii) the date of the test and the results of the test; or
(b) a statement that the chainsaw complies with ISO 6535:2008 or clauses 19.107.1 and 19.107.2 of Part 2.13 of the ASINZS 60745.2.13:2006 ASINZS 60745.2.13:2006 (whichever is applicable) or a statement that the chainsaw complies with a standard that corresponds to and replaces either of those standards that sets out:
(i) the name and address of the supplier; and
(ii) the make and model number of the chainsaw; and
(iii) the date of the statement; and
(iv) the statement that: "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"; and
(v) the signature of the supplier.
Dated at Wellington this 16th day of December 2010.
JOHN BOSCAWEN, Minister of Consumer Affairs.
Explanatory Note
This note is not part of the notice but is intended to indicate its general effect.
This notice clarifies, for the avoidance of any doubt, the position originally set out in the Unsafe Goods (Chainsaws Without a Chain Brake) Notice 2009, that a chainsaw without a chain brake or a chainsaw with a chain brake that does not comply with the applicable standard are unsafe goods for the purpose of the Fair Trading Act 1986.
*New Zealand Gazette, 24 September 2009, No. 140, page 3325