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—(1) This notice may be cited as the Unsafe Goods (Hot Water Bottles) Notice 2015.
(2) This notice is effective from the date of publication in the New Zealand Gazette.
(3) This notice revokes and replaces the Unsafe Goods (Hot Water Bottles) Notice 2008 (published in the New Zealand Gazette, 11 December 2008, No. 192, page 5082).
2. Certain hot water bottles 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 issue of this notice.
3. Certain hot water bottles exempt—This notice does not apply to rubber or PVC hot water bottles that are carried in the baggage or effects of a person arriving in New Zealand where the number of hot water bottles carried is four (4) or fewer.
4. New Zealand Customs Service requirements—All persons importing rubber or PVC hot water bottles to which this notice applies into New Zealand must produce to a New Zealand Customs officer:
- documentation showing that the hot water bottles comply with clauses (1) and (2) of the Schedule; and
- a statutory declaration that the documents produced relate to those hot water bottles being imported.
Rubber and PVC hot water bottles must:
- meet BS1970:2001 or BS1970:2006 or BS1970:2012 Hot water bottles manufactured from rubber and PVC specification:
- the requirement to identify the European Manufacturer or United Kingdom distributor set out in clause 8.1 is excluded;
- for the avoidance of doubt, all other tests and criteria specified in the standard must be met for the hot water bottle’s design type. Design type is designated by the manufacturer;
- show compliance of less than 36 months old with BS1970:2001 or BS1970:2006 or BS1970:2012 from a laboratory accredited to ISO17025.
Dated at Wellington this 18th day of June 2015.
Hon PAUL GOLDSMITH, Minister of Consumer Affairs.
This note is not part of the notice but is intended to indicate its general effect.
This notice declares rubber and PVC hot water bottles that do not comply with the Schedule to be unsafe goods and prohibits the supply of the goods under section 31 of the Fair Trading Act 1986 (“the Act”) for a period of 18 months from the date of issue of this notice.
The Unsafe Goods (Hot Water Bottles) Notice 2008 permanently declared these goods to be unsafe under section 31 of the Act. This, the Unsafe Goods (Hot Water Bottles) Notice 2015, revokes and replaces the aforementioned notice. By virtue of section 31(2) of the Act, this notice expires on 18 December 2016.
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 goods into New Zealand that have been declared unsafe. Section 33 of the Fair Trading Act 1986 also deems unsafe goods to be goods prohibited from import under section 54 of the Customs and Excise Act 1996.
All persons bringing rubber or PVC hot water bottles into New Zealand must comply with the requirements of New Zealand Customs Service.
Pursuant to section 52 of the Legislation Act 2012 the standards incorporated by reference in this notice will be available for inspection, free of charge. For more information contact Trading Standards, Ministry of Business, Innovation and Employment.