Pursuant to Regulation 86A of the Electricity (Safety) Regulations 2010 (“Regulations”), I, Mark Stephen Wogan, Manager Energy Safety, acting under the delegated authority of the Chief Executive, WorkSafe New Zealand, give the following notice:
1. Short Title and Commencement
(1) This Notice is the Electricity (Safety) Regulations—Conditions for Deemed Approval of Declared High Risk Articles under Regulation 86A Notice 2022.
(2) This Notice takes effect on the seventh day following the date of notification of this Notice in the New Zealand Gazette.
2. Defined Terms
In this Notice–
- “certificate” means a certificate of conformity issued in accordance with EESS law and the requirements of this notice;
- “product” has the same meaning as article.
(1) The deemed approval of any declared high risk article under regulation 86A(1) manufactured in or imported into New Zealand on or after 1 January 2023 is subject to the article meeting all conditions set out in subclauses 3(2), 3(3), and clause 4 of this Notice.
(2) The EESS product registration for each article must -
- be for in-scope electrical equipment categorised as Risk Level 3; and
- explicitly confirm, that the registered EESS product is compliant for use in New Zealand; and
- confirm that the registered EESS product has been satisfactorily evaluated to all electrical safety requirements applicable to the product at–
- a nominal supply voltage of, or across a range that includes, 230 volts or 400 volts (or both); or
- a voltage above 230 volts, if the registered EESS product is an accessory or cable;
- if the registered EESS product is a single-phase appliance, confirm that the product is marked with 230 volts or a range including 230 volts; and
- if the registered EESS product is a three-phase appliance, confirm that the product is marked with 400 volts or a range including 400 volts; and
- if the registered EESS product is a low voltage fitting intended to have, or supplied as having, a safety function, confirm that the product is marked with—
- 230 volts or 400 volts (or both); or
- a range including 230 volts or 400 volts (or both);
- confirm the registered EESS product is marked with—
- a brand name or a trade name or an identification mark of the manufacturer or the EESS responsible supplier; and
- a model number or model name or model symbol;
- confirm each registered EESS product has—
- a certification marking unique to the registered EESS product allocated by the relevant certification body or regulator which indicates that the product has been certified; or
- if that is not practicable, acceptable alternative marking or label with the same information as subparagraph (i);
- be supported by a certificate and test report(s) that–
- each unambiguously confirms that the EESS registered product is that product to which the certificate and test report(s) apply including product markings, name plate and rating plate details; and
- in relation to the test report(s), is no more than 5 years old at the time of certification; and
- in the case of any certificate, has not had its validity extended by any addendum or modification;
- not apply to a group or range of products that are of the same type and have the same general design and construction unless:
- it is based on an evaluation that verifies all aspects of compliance for each member of the group or range of products; and
- the certificate refers to products manufactured by the same manufacturer and assembled from the same types of components and materials, each of which is sourced from a single manufacturer;
- in the case of a residual current device (“RCD”), identify the type of RCD (including whether the RCD is a Type FS) and be supported by a certificate and test report(s) that —
- verify its compliance with the limits specified in AS/NZS 3190:2011; and
- identify and verify the type of RCD and the matters in subparagraph 3(2)(i);
- identify the standard or standards relevant to the EESS registered product in question.
(3) The New Zealand manufacturer or importer of the registered EESS product must—
- be identified in the publicly viewable area of the EESS Registration Database as a registered EESS supplier in respect of that registered EESS product; and
- be a legal person normally resident in New Zealand or a New Zealand registered company; and
- if a New Zealand registered company, have at least one Director permanently and physically resident in New Zealand.
4. Supply of documentation
Any person who, for the purposes of Regulation 84(2)(b) of the Regulations, relies on the deemed approval of a high risk article under regulation 86A of the Regulations must provide WorkSafe with a copy of the EESS equipment registration, the certificate, and all related compliance documentation within 10 days of a request being made by WorkSafe for that information.
5. Application of conditions to products having deemed approval before 1 January 2023
(1) This clause applies to any declared high risk article which is a registered EESS product that immediately before 1 January 2023 is—
- for sale in New Zealand; or
- under construction or being installed in New Zealand; or
- in transit to New Zealand; or
- the subject of a contract to purchase the product entered into by a person in New Zealand (an ‘existing registered EESS product’).
(2) For the avoidance of doubt, an existing registered EESS product to which paragraph 5(1) applies is not and will not be subject to the conditions set out in [clauses 3(2) and 3(3) and 4] of this Notice provided that—
- the product complies and continues to comply with the requirements of the Regulations, as in force immediately before the commencement date of this Notice; or
- the product is electrically unsafe.
6. Revocation or Variation
Under Regulation 86A(3)(b) of the Regulations, WorkSafe may at any time vary or revoke the conditions specified in this Notice, and specify additional conditions, by way of notice in the New Zealand Gazette.
Signed at Wellington this 28th day of July 2022.
MARK STEPHEN WOGAN, Manager, Energy Safety, WorkSafe New Zealand.