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-This notice may be cited as the Unsafe Goods (Multipurpose Ladders) Notice 2012.
2. Commencement-This notice is effective from the date of publication in the New Zealand Gazette.
3. Application-This notice applies to new multipurpose ladders supplied, or offered for supply, or advertised for supply, in trade.
4. Definitions-For the purposes of this notice:
multipurpose ladder means any portable ladder having one or more pairs of articulation joints which allow the ladder to be rearranged to function as a single ladder, with or without a stand-off, as a single or double sided step ladder, scaffold or work platform;
articulation joint means a hinge which is capable of being locked in one or more positions.
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. Certain ladders to be declared unsafe goods-The following are unsafe goods:
Any new multipurpose ladder which does not fully comply with Section 2, Section 7 and all other applicable parts of AS/NZS 1892 Portable ladders.
Note: Markings, as specified in AS/NZS 1892.1:1996 clause 2.7(a) must indicate the New Zealand importer
or manufacturer.
Dated at Wellington this 22nd day of November 2012.
HON SIMON BRIDGES, Minister of Consumer Affairs.
Explanatory Note
This note is not part of the notice but is intended to indicate its general effect.
Under section 33 of the Fair Trading Act 1986, it is prohibited in New Zealand to supply, or offer to supply,
or advertise to supply, goods which are declared to be unsafe goods.
Under section 33 of the Fair Trading Act 1986 and section 54 of the Customs and Excise Act 1996, it is prohibited
to import into New Zealand goods which are declared to
be unsafe goods under clause 6 of this notice.
Any person seeking to import one or more multipurpose ladders after the commencement of this notice may need
to provide New Zealand Customs Service with acceptable documentation demonstrating that the import of the ladder(s) is not prohibited by this notice.
New Zealand Customs Service requirements
All persons importing into New Zealand a multipurpose ladder to which this notice applies must, on request, produce to a New Zealand Customs Service officer documentation showing that the ladder fully complies with all applicable parts of AS/NZS 1892 Portable ladders. All persons bringing ladders into New Zealand must comply with the requirements of New Zealand Customs Service.
Commerce Commission requirements
All persons supplying, offering for supply or advertising a multipurpose ladder to which this notice applies must, on request, produce to a Commerce Commission officer within 10 days, documentation showing that the ladder fully complies with all applicable parts of AS/NZS 1892 Portable ladders.
This notice declares multipurpose ladders that do not comply with AS/NZS 1892 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 ("the Act").
Documentation
Acceptable documentation will usually consist of:
(a) a certificate of compliance with AS/NZS 1892 Portable ladders carrying the logo of an internationally recognised accreditation body and providing:
(i) the name and address of the New Zealand importer, or the manufacturer; and
(ii) the make, model and photograph of the ladder; and
(iii) the date of the test (being no earlier than three years prior to the date of import); and
(iv) the full results of the test; or
(b) a statement that the ladder complies with AS/NZS 1892, providing:
(i) the name and address of the New Zealand supplier; and
(ii) the make, model and photograph of the ladder; 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 $60,000.00 for an individual and up to $200,000.000 for a company"; and
(v) the signature of the supplier.