In Confidence  
 
Discussion paper  
 
 July 2022 
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 Important notice  
The opinions contained in this document are those of the Ministry of Business, Innovation and 
Employment and  do not reflect official Government policy. Readers are advised to seek specific legal 
advice from a qualified professional person before undertaking any action in reliance on the contents 
of this publication. The contents of this discussion paper must not be construed as legal advice. The 
Ministry does not accept any responsibility or liability whatsoever whether in contract, tort, equity or 
otherwise for any action taken as a result of reading, or reliance placed on the Ministry because of 
having read, any  part, or all, of the information in this discussion paper or for any error, inadequacy, 
deficiency, flaw in or omission from the discussion paper.  
 
  
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How to have your say  
 
Submissions process  
The Ministry of Business, Innovation and Employment (MBIE) seeks written submissions on the issues 
raised in this document by 5pm on 22  August  2022.  
Your submission may respond to any or all of these issues. Where possible, please inclu de evidence 
to support your views, for example references to independent research, facts and figures, or relevant examples.  
Please also include your name and (if applicable) the name of your organisation in your submission  as 
well as contact details in  the cover letter or e -mail accompanying your submission.  
You can make your submission  by: 
• sending your submission as a Microsoft Word document to consumer@mbie.govt.nz
 
• mailing your submission to:  
Competition and Consumer Policy  
Building, Resources and Markets  
Ministry of Business, Innovation & Employment  
PO Box 1473 
Wellington 6140  
New Zealand  
Please direct any questions that you have in relation to the submissions process to  
consumer@mbie.govt.nz  
Use of i nformation  
The information provided in submissions will be used to inform MBIE’s policy development process 
and will inform advice to Ministers on the regulation of multipurpose ladders . We may contact 
submitters directly if we require clarification of any matters in submissions.  
   
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 Release of information  
Submissions remain  subject to request under the Official Information Act 1982. Please set out clearly 
in the cover letter or e- mail accompanying your  submission  if you have any objection to the release 
of any information in the submission, and in particular, which parts you consider should be withheld, 
together with the reasons for withholding the information. MBIE  will take such objections into 
account and will consult with submitters when responding to requests under the Official Information 
Act 1982.  
Private information  
The Privacy Act 2020 establishes certain principles with respect to the collection, use and disclosure 
of information about individuals by various agencies, including MBIE. Any personal information you 
supply to MBIE in the course of making a submission will only be used for t he purpose of assisting in 
the development of policy advice in relation to this  review.  
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 Contents  
How to have your say  ................................................................................................................... 3 
1 Executive Summary  .............................................................................................................. 6 
Timeframes  ..................................................................................................................................... 6 
2 Safety risks of multipurpose ladders  ...................................................................................... 7 
What is a multipurpose ladder?  ...................................................................................................... 7 
Safety risks of multipurpose ladders  ............................................................................................... 7 
3 The current regulatory environment  ..................................................................................... 9 
Multipurpose ladders which do not meet either the Previous or Current Standards are 
prohibited  ........................................................................................................................................ 9 
Difficulties enforcing t he current regulation at the border  ............................................................ 9 
4 Options for when the unsafe goods notice expires  ............................................................... 10 
MBIE proposes to require compliance with the Current Standard only  ....................................... 10 
Documentation could be required for imported multipurpose ladders  ....................................... 10 
MBIE does not propose continuing to allow both the Previous Standard and the Current 
Standard  ........................................................................................................................................ 10 
5 MBIE also intends to transition regulation to a product safety standard  ............................... 12 
6 Assessment and next steps  .................................................................................................  13 
7 Recap of questions  ............................................................................................................. 14 
 
   
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 1 Executive Summary  
 
1. Unsafe multipurpose ladders were identified by MIBIE as a safety issue in 2012, when it 
recognised that not all ladders complied with official standards  (at the time, AS/NZS  
1892.1:1996).  
2. Official s tandard s have been developed  to improve the safety of ladders and specifies  design, 
functionality, durability and testing requirements to ensure  multipurpose  ladders are safe . 
Compliance with official standards is voluntary, unless specific standards are made mandatory 
by la w. 
3. Prior to the regulation of multipurpose ladders , about 7,000 people were  injured each year 
using multipurpose ladders around their home. This number  include d a mix of inappropriate 
use by consumers and unsafe products .  
4. Since November  2012  unsafe goods notice s have been issued which prohibited the sale , supply 
or importation of ladders that do not comply with official standards . The most recent 
Australian or Australian/New Zealand  standard is  AS 1892.1 :2018, and the unsafe goods notice 
was subsequently updated in 2021  to prohibit the sale , supply and importation  of any 
multipurpose  ladders that do not meet either AS/NZS 1892.1:1996 (the Previous Standard) or 
AS 1892.1:2018  (the Current Standard) . The unsafe goods notice is due to expire  on 5 April 
2023.  
5. This discussion  paper  proposes requiring multipurpose ladders sold in future to comply with 
the Current Standard.  An alternative would be to continue  allowing both the Previous 
Standard and the Current Standard . 
6. Additionally,  MBIE understands that the current regulation  may be difficult to enforce at the 
border and proposes documentation demonstrating compliance with standards be required , 
on request,  for multipurpose ladders which are imported . 
7. As part of this process MBIE also intends to move regulation from an unsafe goods notice to a product safety standard. This is a change in regulatory form and does not affect the contents 
of any regulation.  
Timeframe s 
8. Submissions on MBIE’s proposal are due on 22 August  2022.  
9. The Unsafe Goods Notice is due to ex pire on 5 April 2023.  MBIE aims to have any regulatory 
solution  in force by this time to ensure regulatory continuity for suppliers and consumers.  
   
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 2 Safe ty risks of  multipurpose ladders  
 
What is a multipurpose ladder?  
1. For the purposes of this document “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. a single ladder, with or without a stand -off  
b. a single or double -sided step ladder, or  
c. a scaffold or work platform.  
Safety risks of multipurpose ladders  
2. Multipurpose ladders  facilitate working at heights . The failure of multipurpose ladders , such as 
collap sing when in use , can cause serious injury . 
3. A key  current standard  applying to multipurpose ladders is AS 1892.1: 2018  Portable ladders, 
Part 1: Performance and geometric requirements  (Current Standard).  This superseded  AS/NZS 
1892.1:1996 (the Previous Standard). The Previous Standard and the Current Standard specify  
design, functionality, durability and testing requirements for multipurpose ladders .  
4. MBIE is not aware of the current cost to New Zealand from injuries caused by multipurpose 
ladders that do not meet either the Previous Standard  or the Current Standard  as ladders 
which do not meet these are prohibited from sale, supply or importation under the Unsafe 
Goods (Multipurpose Ladders)  Notice 2021 .  
5. Data from the period before the original unsafe goods notice was issued estimated that the 
cost to New Zealand for claims relating to ladder injuries was over $ 24 million a year,  with 
almost 7,000 people injured u sing ladders in and around their home each year.1 
6. It is not clear how many of these injuries were  related to the use of multipurpose ladders, or  
due specifically to ladders which do not meet the Previous or Current Standard . However, 
MBIE  is of the view t hat non -compliant ladders do nonetheless pose a significant and 
unnecessary risk . 
Safety standards aim to reduce harm to consumers  
7. Both the Previous Standard and the Current Standard aim to increase the safety of 
multipurpose ladders. They do this by speci fying minimum requirements multipurpose ladders 
should meet.  
 
1Accident Compensation Corporation (ACC) , provided during consultation  on original multipurpose ladder 
regulation in 2012.   
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 8. Both the Previous and the Current Standards specify requirements for warnings and labelling, 
design (rung spacing and gaps etc.) and, of particular relevance to the safety risks identified, 
stab ility and load bearing requirements.  
9. Multipurpose ladders that do not meet the standards are considered unsafe on the basis that 
they may be unstable or lack structural strength, increasing the risk of injury .   
The Current Standard provides more protecti on than the Previous Standard  
10. This Current S tandard supersedes the Previous Standard and aims to provide a greater level of 
protection to users of multipurpose ladders. Some changes include:  
a. the Current S tandard consolidates both Parts 1 (metal ladders) and 3 (reinforced plastic 
ladders) of the Previous Standard  
b. new test report requirements are included  
c. new labelling requirements  which  are clearer and significantly more prescriptive, 
including new warnings about misuse and electrical hazards, and  requirements for larger 
fonts and higher contrast  
d. the new ‘higher stability’ categorisation uses stability test procedures involving higher 
forces than the standard stability requirements  
e. new work platform and step stool requirements . 
  Do you agree with M BIE’s assessment of the safety risks of multipurpose ladders? If so, why? 
If not, why not?  
  Are you aware of any instances where multipurpose ladders caused injury or death in New 
Zealand?  
  Do you have any further information on the costs of multipurpose ladder injuries in New 
Zealand or overseas?  
 
   
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 3 The current regulatory environment  
 
Multipurpose ladders which do not meet either the Previous or Current Standards are 
prohibited  
11. The Unsafe Goods Notice (Multipurpose Ladders) 2021 is currently in force and prohibits the 
sale, supply and importation of  multipurpose ladders which do not meet either the Previous 
Standard or the Current  Standard . This means it is a breach of the F air Trading Act to sell, 
supply or import multipurpose ladders which do not meet either of these safety standards.  
12. The notice was intended as a transitional notice allowing for industry to sell old stock that was 
tested against the Previous Standard and is due to expire on 5 April 2023.  
Difficulties enforcing the current regulation  at the border  
13. Additionally, MBI E is aware of difficulties ensuring multipurpose meet the requirements of the 
unsafe goods notice when goods are brought into New Zealand from overseas.  
14. Both standards specify  tests that must be carried out to ensure multipurpose ladders meet the 
requirements in the standards . However, there are no requirements to provide evidence to  
Customs New Zealand that a ladder meets  the required  standards at the ti me it is imported  – 
for example, by providing a copy of the relevant test certificate  on request . This can make it  
difficult  for Customs New Zealand to identify which multipurpose ladders do not comply with 
the unsafe goods notice and thus are prohibited t o import into New Zealand.  
  Do you have any comments or feedback about MBIE’s analysis of enforcement of product 
safety regulation at the border?  
 
   
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 4 Options for when the unsafe goods notice expires  
 
MBIE proposes to require compliance with the Current Standard only  
15. MBIE proposes that when the unsafe goods notice expires,  the regulation  of multipurpose 
ladders  is updated to require that all multipurpose ladders supplied in New Zealand comply 
with the Current Standard. This means that multipurpose  ladders which meet the Previous 
Standard would no longer be able to be supplied in New Zealand. Supplying a multipurpose 
ladder which does not meet the requirements of the Current Standard would be a breach of 
the Fair Trading Act.  
16. Creating regulations based on the Current Standard which includes new labelling requirements, a ‘higher stability’ categorisation and new work platform and step stool 
requirements would likely provide a greater level of protection to consumers. An added 
benefit of this option wo uld be the simplicity of having one clear standard for suppliers to 
follow . 
17. MBIE understands that there may be minimal costs to this option as most ladders on the 
market comply with the Current Standard, and it is difficult to find ladders which comply wit h 
the Previous Standard.  
Documentation could be required for imported multipurpose ladders  
18. To ensure non -compliance can be easily identified at the border, MBIE proposes to require  
suppliers who import multipurpose ladders into New Zealand  provide  documentation to certify 
that they comply with the Current Standard.  
19. MBIE envisions this to work in a similar way to regulation 7 of the Product Safety Standards 
(Cigarette Lighters) Regulations 1998  which requires that a certificate of compliance be 
produced by the importer or supplier on entrance of the product into New Zealand as well as 
producing it within 10 days of being requested by a Customs officer or the Commerce Commission.  
20. This proposal sh ould have limited costs to suppliers as claims in trade must be substantiated 
under s12A of the Fair Trading Act. Suppliers already should have information such as a test 
report to substantiate their multipurpose ladders meet any standards they claim to co mply 
with.  
MBIE does not propose c ontinu ing to allow  both  the Previous Standard and  the Current 
Standard  
21. The alternative to requiring compliance with the Current Standard is to continue to allow 
multipurpose ladders which meet the Previous Standard as well as multipurpose ladders which 
meet the Current Standard.   
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 22. As this is the status quo, MBIE assumes additional upfront costs to business from this 
approach. However, there are likely to be ongoing costs for the country as a whole  as the 
Current Standard  wou ld likely provide greater protection  from the risk of injury  to consumers.   
  Do you have any comments on the costs and benefits of  no longer permitting compliance 
with the Previous Standard?  
For this question , suppliers should consider whether they have any stock tested against the 
Previous Standard  and what they would do with this stock if it were be prohibited for sale in 
February 2023.  
  What are your views on additional certification at the border? What costs would likely be 
involved?  
  Are there any other comments you wish to make on the proposal s? 
 
   
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 5 MBIE also intends to  transition  regulation to a product safety standard  
 
23. As part of the process of updating regulations around multipurpose ladders, MBIE intends to 
change the form of regulation from an unsafe goods notice to a product safety standard.  
24. Product safety standards set standards that suppliers of goods must comply with. This is 
contrasted with unsafe goods notices which prohibit the sale, supply and importation of goods 
deemed unsafe. Non -compliance with either an  unsafe goods notice,  or a product safety 
standard is a breach of the Fair Trading Act.   
25. This is a chan ge in regulatory instrument and does not affect requirements suppliers are 
required to meet . 
  Are there an y further considerations MBIE should evaluate when deciding which instrument 
to regulate multipurpose ladders with?  
 
   
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 6 Assessment and next steps  
 
26. The objective  of any regulatory intervention is to achieve consumer safet y. To best achieve this 
MBIE proposes to assess the options against the following criteria:  
a. effectiveness  at reducing consumer harm  
b. cost to business . 
27. As part of the options analysis, MBIE  will consider the compliance costs to each affected party. 
MBIE asks that submitters’ answers to the questions covering the costs and benefits of each 
option will include information about likely compliance costs.  
28. The information provided in submissio ns will be used to inform MBIE’s policy development 
process and will inform advice to the Minister of Commerce and Consumer Affairs on the 
regulation of multipurpose ladders.  
29. MBIE intends to have a regulatory solution in place before the unsafe goods notic e expires in 
April 2023. This is to ensure regulatory continuity  and meet the objective of consumer safety.  
  Do you have any comments on the proposed assessment criteria?   
  Are there any additional criteria MBIE should consider?  
 
   
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 7 Recap of questions  
 
  Do you agree with MBIE’s assessment of the safety risks of multipurpose ladders? If so, why? 
If not, why not?  
  Are you aware of any instances where multipurpose ladders caused injury or death in New 
Zealand?  
  Do you have any further information on the costs of multipurpose ladder injuries in New 
Zealand overseas?  
  Do you have any comments or feedback about MBIE’s analysis of enforcement of product 
safety regulation at the border?  
  Do you have any comments on the costs and benefits of no longer permitting compliance 
with the Previous Standard?  
For this question, suppliers should consider whether they have any stock tested against the 
Previous Standard and what they would do with thi s stock if it were be prohibited for sale in 
February 2023.  
  What are your views on additional certification at the border? What costs would likely be 
involved?  
  Are there any other comments you wish to make on the proposals?  
  Are there any further cons iderations MBIE should evaluate when deciding which instrument 
to regulate multipurpose ladders with?  
  Do you have any comments on the proposed assessment criteria?   
   Are there any additional criteria MBIE should consider?