G/TBT/N/NZL/78  
 
23 May 2017  
(17-2783) Page: 1/4 
Committee on Technical Barriers to Trade  Original: English  
 
  NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member : NEW ZEALAND   
If applicable, name of local government involved  (Article 3.2 and 7.2) :  
2. Agency responsible:   
Ministry of Business, Innovatio n & Employment  
P.O. Box: 10729  
Wellington, New Zealand  
Phone: +64 -4-9010 8603  
Email: laurie.boyce@mbie.govt.nz  
Web: http://www.mbie.govt.nz  
Name and address (inclu ding telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification  shall be indicated if different from above :  
Energy Efficiency and Conservation Authority  
P.O. Box: 3 88 
Wellington, New Zealand  
Phone: +64 -4-470 2200  
Email: laura.christen@eeca.govt.nz  
Web: http://www.eeca.govt.nz  
3. Notified under Article 2.9.2 [X], 2. 10.1 [  ], 5.6.2 [  ], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff heading. 
ICS numbers may be provided in addition, where applicable):  Air-conditioners . 
Air conditioning machines, comprising a motor -driven fan and elements for changing the 
temperature and humidity, including those machines in which the humidity cannot be 
separately regulated. (HS 8415) (ICS 23.120).  
5. Title, number of pages  and language(s)  of the notified document:  Air-conditioners. A 
full list of policy documents developed to consult on these proposed changes can be found 
under "Key Documents" at: http://www.energyrating.gov.au/products/space -heating -and-
cooling/air -conditioners#toc4   
6. Description of content:  Proposed changes to the cur rent regulatory requirements for air 
conditioners are set out in Items One to Four below.  
Note: that Australia will adopt the same changes through making amendments to the 
Greenhouse and Energy Minimum Standards (Air Conditioners and Heat Pumps) 
Determina tion 2013  (https://www.legislation.gov.au/Details/F2013L01672 ) under the 
Greenhouse Energy Minimum Standards (GEMS) Act 2012.  
One: Adopt a Seasonal Energy Efficiency Ratio (SEER) methodolog y for rating air 
conditioner energy efficiency, by incorporating the following Australia/New Zealand 
Standards into regulation:  
 AS/NZS 3823.4.1:2014  Performance of electrical appliances - Air conditioners and 
heat pumps - Part 4.1: Air -cooled air condition ers and air -to-air heat pumps - G/TBT/N/NZL/78  
 
- 2 - 
 
  Testing and calculating methods for seasonal performance factors - Cooling seasonal 
performance factor (ISO 16358 -1:2013, MOD) - Including Amendment 1, 2017  
 AS/NZS 3823.4.2:2014 Performance of electrical appliances - Air con ditioners and 
heat pumps - Part 4.2: Air -cooled air conditioners and air -to-air heat pumps - 
Testing and calculating methods for seasonal performance factors - Heating seasonal 
performance factor (ISO 16358 -2:2013, MOD) - Including Amendment 1, 2017  
 AS/NZS  3823.1.5:2015 Performance of electrical appliances - Air conditioners and 
heat pumps - Part 1.5: Non -ducted portable air -cooled air conditioners and air -to-air 
heat pumps having a single exhaust duct - Testing and rating for performance . 
Note: the Standar ds AS/NZS 3823.4.1:2014 and AS/NZS 3823.4.2:2014 listed above are 
based on Parts 1 and 2 of ISO 16358:2013 Air-cooled air conditioners and air -to-air heat 
pumps -- Testing and calculating methods for seasonal performance factors but they make 
use of local climate data. Amendments to these Standards were published in May 2017, to 
include more realistic operational hours (at the request of industry).  The three 
Standards  listed above will supplement the following test standards that currently apply 
under New Z ealand regulation:  
 AS/NZS 3823.1.1:2012: Performance of electrical appliances - Airconditioners and 
heat pumps - Part 1.1: Non -ducted airconditioners and heat pumps - Testing and 
rating for performance (ISO 5151:2010, MOD)  
 AS/NZS 3823.1.2:2012: Performanc e of electrical appliances - Airconditioners and 
heat pumps - Test methods - Ducted airconditioners and air -to-air heat pumps - 
Testing and rating for performance (ISO 13253:2011, MOD)  
 AS/NZS 3823.1.4:2012 Performance of electrical appliances - Airconditio ners and 
heat pumps - Part 1.4: Multiple split -system airconditioners and air -to-air heat 
pumps - Testing and rating for performance (ISO 15042:2011, MOD)  
These standards will also replace the following test standard that currently applies under 
New Zealan d and Australian regulation:  
 AS/NZS 3823.3:2002 Performance of electrical appliances - Airconditioners and heat 
pumps - Part 3: Calculation of performance for minimum energy performance 
standard (MEPS) requirements  
Two: Adopt a Zoned Energy Rating Label t o replace the existing Energy Rating Label, and, 
(for products not required to display a label) report Seasonal Energy Efficiency Ratings on 
the Energy Rating website.  
Products up to 30kW capacity  
 Products currently required  to display a label (i.e. single -phase non -ducted units) 
will need to display a Zoned Energy Rating Label in place of the existing Energy 
Rating Label  
 Products  currently not required  to display a label (mainly single -phase ducted and 
three-phrase units) will not need to display a label but it will be mandatory to report 
SEER ratings for these products on the Energy Rating website  
Products >30kW capacity  will not need to display a label but it will be mandatory to report 
SEER ratings for these products for cooling only on the Energy Ratin g website. (SEER 
ratings for heating based on a physical test report can be provided voluntarily.)  
Portable air conditioners (single duct and double duct ) will need to display the Zoned 
Energy Rating Label, to be labelled with the test results obtained fro m testing in 
accordance with AS/NZS 3823.1.5:2015 Performance of electrical appliances - Air 
conditioners and heat pumps - Part 1.5: Non -ducted portable air -cooled air conditioners 
and air -to-air heat pumps having a single exhaust duct - Testing and rating  for 
performance . 
Three : Changes to MEPS requirements  
Portable air conditioners : 
 Double ducted units : Reduce the Minimum Energy Performance Standard (MEPS) to 
a level of 2.5, based on the energy efficiency ratio (EER) and coefficient of 
performance (COP).  (See AS/NZS 3823.2:2013 Performance of electrical appliances 
- Air conditioners and heat pumps - Part 2: Energy labelling and minimum energy 
performance standards (MEPS) requirements  for the current requirements.)  
 Single ducted units : Introduce MEPS, als o at a level of 2.5, based on the EER and 
COP. 
Residential air conditioners  
Align New Zealand and Australian cooling MEPS levels  for residential products 
(i.e. products with a rated cooling capacity of up to 65kW).  G/TBT/N/NZL/78  
 
- 3 - 
 
  Note: New Zealand's cooling MEPS are set  below Australia 's, due to historic concerns that 
raising cooling levels MEPS would restrict availability of products used only for heating in 
the New Zealand market.  However, these concerns are no longer valid.  
Commercial/industrial air conditioners  
Introduce MEPS for air conditioners with a capacity of >65 kW at a level of 2.9 based on 
their Annual Energy Efficiency Ratio (AEER) and Annual Coefficient of Performance (ACOP).  
Note: these MEPS for these products will be new to New Zealand but they  currently  apply 
(at lower levels) in Australia under the National Construction Code (NCC).  Australia will 
remove these MEPS from the NCC in Australia and include them (at the higher level shown 
above) under the Greenhouse Energy Minimum Standards (GEMS) Act 2012.  
Four: Minor changes  
Resolve some minor technical issues with air conditioner regulations.  These will not have 
significant impacts on the requirements of regulation.  
Remove H2 MEPS : Meeting a separate H2 MEPS level will no longer be required.  
Multi-split re gistration : Systems comprising of multiple, already registered outdoor units 
will no longer be required to register the combined systems.  
Supply of outdoor units only : MEPS requirements will apply to the supply of outdoor units 
that are not sold as a syste m. 
Noise test standard for products <30 kW : EN 12102:2013 Air conditioners, liquid chilling 
packages, heat pumps and dehumidifiers with electrically driven compressors for space 
heating and cooling. Measurement of airborne noise. Determination of the sound  power 
level.   
Noise rating test points : Measured at the operating points T1 (35°C) for the rated capacity 
cooling test or H1 (7°C) for heating only units.  
Noise test requirements :  
 Non-ducted split systems: indoor and outdoor noise levels  
 Ducted units (bo th split and unitary units): outdoor noise levels only.  
 Non-ducted unitary units (e.g. window/wall units): indoor and outdoor noise levels.  
 Single and double duct 'portable' unitary units that sit wholly within the conditioned 
space: indoor noise levels on ly. 
 Multi-split systems: outdoor noise level of single outdoor units, based on the 
representative combination used for registration.  
Changing the SEER degradation coefficient : The degradation coefficient from AS/NZS 
3823.4 will be fixed at the default valu e of 0.25.  
Measurement of non -operative power : Non -operative power (e.g. standby) for the MEPS 
metric will change to the weighted average power consumption (Pia) of AS/NZS 3823.4.  
H2 and H3 testing : Air enthalpy tests or a shorter calorimeter room test wil l be accepted 
for H2/H3 (2°C/ -7°C) tests for all air conditioners.  
Use of default SEER values : Fixed speed products will be able to use the default values for 
the 29°C cooling test and variable speed products will be allowed to use the fixed speed 
test poi nts. 
Certifying test results for >30 kW products : Eurovent, and AHRI certification and regional 
adoptions of ISO test standards will be able to be used.  
Simulation testing of >30 kW products : Simulation software that can be demonstrated to 
yield equivalent  results to a physical test will be able to be used.  
Maximum cooling test : Will no longer be a requirement for labelled products.  
Rating commercial products : Products may be rated on either a commercial or domestic 
operating basis.  
7. Objective and ration ale, including the nature of urgent problems where applicable:  
1. Alignment of standards and regulation with New Zealand 's major trading partner, 
Australia, and with international standards.  
2. Ensuring improvements in product technologies are available on the  New Zealand 
market, which will lead to increased productivity and lower energy costs and 
greenhouse gas emissions.  
3. Ensuring that consumers are better informed about energy -using products so that 
they can make informed decisions that reduce their overall e nergy costs;  
4. Contributing to the government 's priority "Efficient use of energy " under the 
New Zealand Energy Strategy 2011 -2021.  
5. Contributing to  the target to reduce greenhouse gas emissions to 30 per cent below 
2005 levels  by 2050.   G/TBT/N/NZL/78  
 
- 4 - 
 
  8. Relevant documen ts:  
A full list of policy documents developed to consult on these proposed changes can be 
found under "Key Documents" at: http://www.energyrating.gov.au/products/space -
heating -and-cooling/air -conditioners#toc4 . 
The relevant regulations that apply in New Z ealand are the Energy Efficiency (Energy 
Using Products) Regulations 2002 (the Regulations).  The current version of the Regulations 
(into which these proposed changes will be incorporated) is available for viewing at:  
http://www.legislation.govt.nz/regulation/public/2002/0009/latest/DLM108730.html?searc
h=ts_act%40bill%40regul ation%40deemedreg_energy+efficiency_resel_25_a&p=1#DLM1
08798  
The relevant Australia / New Zealand Standards (those currently incorporated under 
Schedules One and Two of the Regulations and those that are proposed for incorporation) 
can be purchased from t he Standards New Zealand website at: 
https://www.standards.govt.nz/ . 
The Australian Greenhouse and Energy Minimum Standards (Air Conditioners and Heat 
Pumps) Determination 2013 (which applies under the Greenho use Energy Minimum 
Standards (GEMS) Act 2012) is the equivalent regulation in Australia.  The current version 
can be viewed at: https://www.legislation.gov.au/Details/F2013L01672 . It will be  updated 
to incorporate the same changes that are proposed for New Zealand (as outlined in this 
WTO TBT notification).  
Australia will provide an equivalent WTO TBT notification when the new regulations are 
drafted and ready for review, which they estimate will be in July 2017.   
9. Proposed date of adoption:  The updated versions of Australia/New Zealand Standards 
AS/NZS 3823.4.1, and AS/NZS 3823.4.2 were jointly published in Australia and New Zealand 
in May 2017. The proposed regulatory changes will be inco rporated into New Zealand 
Regulation no earlier than April 2018.  
Proposed date of entry into force:  The proposed MEPS requirements for portable air 
conditioners will come into force in New Zealand Regulation not earlier than April 2018.  The 
proposed MEPS r equirements for air conditioners with a capacity >65kW will come into force 
in New Zealand Regulation not earlier than October 2020.  All of the other proposed 
regulatory changes will come into force in New Zealand Regulation no earlier than April 2019.  
10. Final date for comments:  60 days from notification  
11. Texts available from : National enquiry point  [X] or address, telephone and fax 
number s and e mail and website address es, if available , of other body:   
Energy Efficiency and Conservation Authority  
P.O. Box: 388  
Wellington, New Zealand  
Phone: +64 -4-470 2200  
Email: laura.christen@eeca.govt.nz  
Web: http://www.eeca.govt.nz  
http://www.energyrating.gov.au/p roducts/space -heating -and-cooling/air -
conditioners#toc4