Standards and Accreditation Act 2015

1: Title
This Act is the Standards and Accreditation Act 2015.
2: Commencement
1: The following provisions come into force on the day after the date on which this Act receives the Royal assent:
a: subparts 1 3
b: sections 41 43(2) 45(2) 46(2)
2: The remainder of this Act comes into force on a date appointed by the Governor-General by Order in Council.
3: Any provision of this Act that is not already in force on the day that is 6 months after the date on which this Act receives the Royal assent comes into force on that date.
4: An order under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 2(2) brought into force 1 March 2016 clause 2 Standards and Accreditation Act Commencement Order 2015 Section 2(4) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
1: Preliminary and key provisions
1: Preliminary provisions
3: Purpose
The purpose of this Act is to—
a: make provision for standards and conformity assessment systems in New Zealand that—
i: are consistent with international practice; and
ii: facilitate trade; and
iii: protect the health, safety, and well-being of individuals:
b: provide for the development, approval, and maintenance of New Zealand Standards:
c: make provision for access to New Zealand Standards:
d: designate an official known as the NZ Standards Executive to be responsible for the oversight of New Zealand Standards:
e: establish the New Zealand Standards Approval Board:
f: continue the Testing Laboratory Registration Council and rename it the Accreditation Council:
g: provide for accreditation of conformity assessment bodies:
h: repeal the Standards Act 1988 Testing Laboratory Registration Act 1972
4: Interpretation
1: In this Act, unless the context otherwise requires,— accreditation Accreditation Council section 33 Board section 11 chief executive conformity assessment bodies consensus
a: unanimity; or
b: general agreement characterised by the absence of sustained opposition on any substantial issue goods Minister Ministry New Zealand Standard
a: means a standard developed or adopted, and approved as a New Zealand Standard, under this Act; and
b: includes a standard that was promulgated by the Standards Council as a New Zealand Standard or a standard specification under the Standards Act 1965 or the Standards Act 1988 NZ Standards Executive section 6 NZ Standards Organisation services standard
a: means a specification relating to goods, services, processes, or practices approved or adopted by a standards organisation; and
b: includes modifications to any such specification Standards Council section 3 section 42 standards development committee section 15 standards organisation
a: the NZ Standards Organisation:
b: an international, national, or regional organisation with functions similar to the NZ Standards Organisation.
2: For the purposes of this Act, unless the context otherwise requires,—
a: a person is personally interested
i: may derive a financial benefit from the matter; or
ii: is the spouse, civil union partner, de facto partner, child, or parent of a person who may derive a financial benefit from the matter; or
iii: may have a financial interest in a person to whom the matter relates; or
iv: is a partner, director, officer, board member, or trustee of a person who may have a financial interest in a person to whom the matter relates; or
v: has some other (direct or indirect) personal interest that could materially influence him or her, or would reasonably appear to any person to be likely to have a material influence on him or her, in the exercise of his or her responsibilities under this Act in relation to the matter; but
b: a person is not personally interested in a matter—
i: merely because he or she receives insurance cover, remuneration, or other benefits authorised under this Act; or
ii: only because he or she has past or current involvement in the relevant sector, industry, or practice; or
iii: if his or her personal interest is the same or substantially the same as—
A: the benefit or interest of most other people in the industry that he or she represents; or
B: the benefit or interest of the general public.
5: Act binds the Crown
This Act binds the Crown.
2: New Zealand Standards
NZ Standards Executive
6: Appointment of NZ Standards Executive
The chief executive must appoint a suitable employee of the Ministry to be the NZ Standards Executive.
7: Functions of NZ Standards Executive
1: The functions of the NZ Standards Executive are—
a: to assume responsibility for New Zealand membership of international standards organisations, including the International Organization for Standardization and the International Electrotechnical Commission:
b: to ensure New Zealand attendance and representation at meetings of international standards organisations:
c: to co-operate and engage with standards organisations and other standards bodies on standards development and other standards-related matters:
d: to ensure the exercise and performance of Crown rights and obligations in respect of standards (including rights and obligations in relation to or arising from intellectual property in standards):
e: to establish and maintain a work programme for the development, maintenance, and review of New Zealand Standards:
f: to make arrangements for public access to the New Zealand Standards work programme:
g: to manage the processes for—
i: the formation of standards development committees:
ii: the development of draft standards:
iii: the review and revision of existing standards:
h: to enter into arrangements to develop New Zealand Standards:
i: to refer the following to the Board:
i: proposals for membership of standards development committees:
ii: draft standards:
iii: proposals to amend, withdraw, or archive standards:
iv: proposals to adopt standards developed by other standards organisations:
v: proposals to adopt specifications relating to goods, services, processes, or practices approved by an organisation other than a standards organisation:
j: to make arrangements for public access to standards (including archived and withdrawn standards):
k: to report to the Minister from time to time (but not less than once annually) on standards, the standards work programme, and current and emerging trends in standards:
l: to advise relevant Ministers of proposals to amend, revise, archive, or replace standards that are cited in legislation:
m: to set fees for obtaining copies of (including online access to) New Zealand Standards and other standards publications:
n: to establish and maintain an interests register for the purposes of sections 17(4) 19
o: to perform any other functions conferred under this Act or any other enactment.
2: In performing the functions referred to in subsection (1)﻿(a) to (n), the NZ Standards Executive must—
a: act independently; and
b: have regard to—
i: the value of standards:
ii: the legitimate use of standards:
iii: the importance of maintaining expert input into the standards development process.
3: In performing the functions referred to in subsection (1)﻿(o), the NZ Standards Executive must act under the direction of the Minister and the chief executive.
8: NZ Standards Executive may delegate powers, etc
1: The NZ Standards Executive may delegate to any employee of the Ministry any of his or her powers, or the performance of his or her functions or duties, under this Act or any other enactment.
2: A delegation under subsection (1)—
a: must be in writing; and
b: may be made subject to any conditions or restrictions that the NZ Standards Executive thinks appropriate; and
c: may be made generally or in any particular case; and
d: is revocable at will; and
e: does not affect or prevent the exercise of any power or the performance of any function or duty by the NZ Standards Executive; and
f: does not affect the responsibility of the NZ Standards Executive for the actions of any person acting under a delegation; and
g: continues according to its tenor despite any change in the person holding office as the NZ Standards Executive. 2011 No 4 s 72
9: Powers of delegate
1: A person who is delegated any powers, or the performance of any functions or duties, under section 8
a: may, with the prior written approval of the NZ Standards Executive, delegate those powers to any other employee of the Ministry:
b: may, subject to any conditions or restrictions, exercise those powers, or perform those functions or duties, in the same manner and with the same effect as if they had been conferred on that person directly by this Act and not by delegation.
2: Every person purporting to act under any delegation under section 8 2011 No 4 s 73
10: NZ Standards Executive must advise responsible Ministers before review of standards cited in legislation
1: If any New Zealand Standard is cited or incorporated by reference in any legislation
2: In subsection (1), responsible Minister legislation legislation Section 10(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 10(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021 New Zealand Standards Approval Board
11: Establishment of New Zealand Standards Approval Board
1: This section establishes the New Zealand Standards Approval Board.
2: The Board consists of 5 to 7 members appointed by the Minister under section 14
12: Functions of Board
1: The functions of the Board are to—
a: approve or decline proposals for persons to be members of standards development committees:
b: approve or decline proposals for persons to be chairpersons of standards development committees:
c: approve or decline proposals for persons to be members of development committees of other standards organisations:
d: approve or decline proposed new New Zealand Standards:
e: adopt or decline to adopt other standards organisations' standards as New Zealand Standards:
f: approve or decline modifications to New Zealand Standards:
g: archive New Zealand Standards:
h: revoke New Zealand Standards:
i: advise the Minister on any matter referred to the Board by the Minister:
j: advise the Minister on the currency of New Zealand Standards, and on priority areas for the development and review of New Zealand Standards:
k: advise the Minister on any other matter that the Board considers necessary or advisable.
2: The Board must act independently in undertaking its functions under subsection (1).
3: If the Board declines to approve members, standards, or modification of standards under subsection (1)﻿(a) to (f), it must provide the NZ Standards Executive with reasons in writing for its decision.
13: Considerations for Board
1: In undertaking its functions under section 12(1)﻿(a)
a: have regard to the importance of ensuring that members of a standards development committee constitute a balanced representation of the stakeholder interests relevant to the proposed draft standard; and
b: ensure that each member of the standards development committee has—
i: skills, knowledge, and experience relevant to the standard to be developed or considered; or
ii: knowledge and experience of the sector or sectors most likely to use the standard.
2: In undertaking its functions under section 12(1)﻿(b)
a: the person is capable of performing the functions set out in section 18(2)
b: the person has experience that demonstrates—
i: leadership skills:
ii: an ability to build consensus and promote effective working relationships:
iii: good judgment:
iv: an understanding and appreciation of the need for, and value of, diversity.
3: In undertaking its functions under section 12(1)﻿(c)
a: skills, knowledge, and experience relevant to the standard to be developed or considered; or
b: knowledge and experience of the sector or sectors most likely to use the standard.
4: In undertaking its functions under section 12(1)﻿(d), (e), and (f)
a: have regard to the following:
i: whether the proposed standard or modification has been developed using a consensus process, whether that process included public consultation, and whether due weight was given to the submissions received; and
ii: whether the proposed standard or modification is based (in whole or in part) on any other national or international standard or any draft standard; and
iii: whether the proposed standard is, or the standard as amended by the modification would be, compatible with other national or international standards; and
iv: whether the proposed standard or modification would meet an identified industry, consumer, or regulatory need; and
v: whether the overall expected benefit of the standard or the standard as amended, to the sector or sectors most likely to use the standard or to New Zealand as a whole, can be demonstrated; and
b: ensure that—
i: New Zealand Standards do not unnecessarily duplicate the standards development work of other national or international standards organisations; and
ii: where a proposed New Zealand Standard is based on an international standard, there are good reasons for any differences between the New Zealand Standard and the international standard; and
iii: the proposed standard or modification will not create unnecessary obstacles to international trade and investment.
5: In undertaking its functions under section 12(1)﻿(i), (j), and (k)
a: the value of standards; and
b: the legitimate use of standards; and
c: the importance of maintaining expert input into the standards development process.
14: Further provisions relating to Board
The provisions of Schedule 1 Standards development committees
15: Standards development committees
1: The NZ Standards Executive must establish 1 or more standards development committees to—
a: draft new standards:
b: review existing standards:
c: consider the suitability for adoption as New Zealand Standards of standards developed by other standards organisations or bodies:
d: advise on the content of standards:
e: consider and propose amendments to existing standards.
2: The NZ Standards Executive must—
a: determine the number of standards development committees that are necessary:
b: determine what work will be carried out by each standards development committee:
c: appoint members of each standards development committee (in accordance with section 16
16: Membership of standards development committees
1: The NZ Standards Executive must—
a: propose persons For example, representatives from industry bodies, consumer groups, NGOs, and State sector agencies, experts from the relevant sector, academics, and other suitable persons.
b: propose one of the members (or proposed members) of a standards development committee to be the chairperson of the committee.
2: The NZ Standards Executive must refer proposals for persons to be members or chairpersons of standards development committees to the Board.
3: If the NZ Standards Executive refers a proposal for a person to be a member, or a chairperson, of a standards development committee to the Board, the Board must—
a: approve the proposal; or
b: decline the proposal with reasons.
4: The NZ Standards Executive may—
a: appoint any person to be a member of a standards development committee whose membership has been approved by the Board:
b: appoint any member to be the chairperson of a standards development committee whose appointment as chairperson has been approved by the Board.
5: The NZ Standards Executive must not appoint any person to be chairperson of a standards development committee who is personally interested in the work of that committee.
17: Requirements for proposing person to be member
1: Before a person is proposed as a member of a standards development committee under section 16
a: consent in writing to being a member; and
b: disclose to the NZ Standards Executive the nature and extent (including the monetary value, if quantifiable) of any interests that the person has at that time, or is likely to have, in matters relating to the work of the (proposed) standards development committee.
2: The NZ Standards Executive must advise the Board of the nature and extent of any interests disclosed under subsection (1)﻿(b) or section 19
3: The Board must have regard to the nature and extent of the interests when approving or declining a proposal under section 16(3)
4: If the person is appointed to be a member of a standards development committee, the NZ Standards Executive must ensure that details of the nature and extent of any interests (including any monetary value of the interests) are—
a: disclosed to the chairperson of the committee; and
b: recorded in an interests register kept by the NZ Standards Executive.
18: Chairpersons of standards development committees
1: The NZ Standards Executive must appoint a chairperson for every standards development committee.
2: The functions of a chairperson are to—
a: ensure the efficient management of committee meetings and the work of the committee:
b: ensure the efficient development of the relevant standard:
c: ensure fair and equal treatment of all members of the committee:
d: facilitate discussion, and the sharing of ideas, amongst committee members:
e: manage, in consultation with the NZ Standards Executive, conflicts of interest in relation to members of the standards development committee.
3: If the chairperson is absent from a meeting of a standards development committee, the members present must appoint one of their number to chair the meeting.
4: A person who is personally interested in the work of a standards development committee is disqualified from being, or acting as, the chairperson of the committee.
19: Continuing duty to disclose conflicts of interest
A member of a standards development committee who is personally interested in a matter relating to the work of that committee must, as soon as practicable after he or she becomes aware of any interest, disclose details of the nature and extent (including any monetary value, if quantifiable) of the interests to—
a: the chairperson of the committee; and
b: the NZ Standards Executive, who must record it in the interests register.
20: Obligation to disclose interest
1: The Board and the NZ Standards Executive must notify the Minister of any failure to comply with section 17(4) 19
2: Except as provided in subsection (3), a failure to comply with section 17(4) 19
3: Subsection (2) does not limit the right of any person to apply for judicial review.
21: Duty not to disclose information
A member of a standards development committee who has information in his or her capacity as a member that would not otherwise be available to him or her may not disclose that information to any person, or make use of, or act on, that information, except—
a: in the performance of the committee's functions; or
b: as required or permitted by law; or
c: in complying with the requirement for members to disclose interests; or
d: if the member is first authorised to do so by the NZ Standards Executive or the Minister and the disclosure, use, or action will not, or would be unlikely to, prejudice the standards development process.
22: Standards development committees’ work product and working materials
A member of a standards development committee must, at the direction of the NZ Standards Executive, surrender any information prepared or collected by that member or any other member as part of the committee’s responsibilities or activities.
23: Liability of members
1: A member of a standards development committee is not liable for the work of the committee by reason only of being a member of that committee.
2: A member of a standards development committee is not liable in respect of an act or omission by the member in good faith and in the performance or intended performance of the committee's functions under this Act or any other enactment.
3: Nothing in subsection (2) affects—
a: the liability of any person that is not a civil liability:
b: the right of any person to apply for judicial review.
24: Insurance for liability of member
1: The NZ Standards Executive may effect insurance cover for a member of a standards development committee in relation to his or her acts or omissions, except an act done or omission made that is—
a: in bad faith:
b: not in the performance or intended performance of the committee’s functions.
2: In this section, to effect insurance Membership of other development committees
25: Membership of other development committees
1: The NZ Standards Executive may—
a: propose any person to be a member of a development committee of a standards organisation other than the NZ Standards Organisation; and
b: refer that proposal to the Board for approval.
2: If the NZ Standards Executive refers a proposal to the Board under subsection (1), the Board must—
a: approve the proposal; or
b: decline the proposal with reasons.
3: The NZ Standards Executive may recommend any person to be a member of a development committee of a standards organisation other than the NZ Standards Organisation whose membership has been approved by the Board. Fees for New Zealand Standards and cost recovery
26: Setting fees for standards
1: The NZ Standards Executive may set a scale of fees payable for obtaining copies of, or online access to, New Zealand Standards and other standards publications.
2: The NZ Standards Executive may set fees to recover costs associated with—
a: developing, approving, maintaining, and providing access to New Zealand Standards and other standards-related publications:
b: maintaining linkages with other standards organisations:
c: responding to inquiries about New Zealand Standards.
3: The fees set by the NZ Standards Executive under subsection (1) may reflect—
a: the commercial arrangements entered into by the NZ Standards Executive with third parties (for example, royalties and licence fees payable in respect of intellectual property incorporated in New Zealand Standards); and
b: any arrangements made under section 27
c: a balance between the upfront costs of developing and approving a New Zealand Standard and any projected future cost recovery (for example, through the provision of access to New Zealand Standards).
27: Cost arrangements for developing standards
1: The NZ Standards Executive may, if he or she considers it appropriate, enter into arrangements with any person to—
a: develop a New Zealand Standard; and
b: recover the costs associated with developing, approving, maintaining, and providing access to that standard.
2: Any charges set by the NZ Standards Executive under subsection (1)﻿(b) may reflect—
a: the commercial arrangements entered into with third parties by the NZ Standards Executive (for example, royalties and licence fees payable in respect of intellectual property incorporated in New Zealand Standards); and
b: a balance between the upfront costs of developing and approving a New Zealand Standard and projected future cost recovery (for example, through the provision of access to New Zealand Standards); and
c: the projected costs of maintaining New Zealand Standards.
28: Principles of cost recovery
In setting the amount of fees or charges under sections 26 27 Equity
a: costs should, to the extent practicable, be recovered from the users or beneficiaries of the New Zealand Standard or group of New Zealand Standards at a level commensurate with their use of or benefit from the New Zealand Standard or group of New Zealand Standards: Efficiency
b: costs should generally be allocated and recovered in order to ensure that maximum benefits are delivered at minimum cost: Justification
c: costs should be collected only to meet the actual and reasonable costs (including indirect costs) associated with New Zealand Standards development, approval, maintenance, and access: Transparency
d: costs should be identified and allocated as closely as practicable in relation to the tangible value for the sector or sectors to which the New Zealand Standard or group of New Zealand Standards applies: Flexibility
e: the method determined by the NZ Standards Executive for recovering costs for New Zealand Standards development, approval, maintenance, and access should be adaptable to changes and variations in the market for New Zealand Standards and be consistent with the overarching objectives for New Zealand Standards. New Zealand Standards and other legislation Heading amended 28 October 2021 section 3 Secondary Legislation Act 2021
29: Citation of New Zealand Standards
1: A New Zealand Standard may be cited in any legislation
2: If a New Zealand Standard is cited in legislation the legislation 1988 No 5 s 23 Section 29(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 29(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
30: Secondary legislation
1: Secondary legislation
2: Secondary legislation 1965 No 59 ss 26, 27; 1988 No 5 s 22 Section 30 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(1) amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 30(2) amended 28 October 2021 section 3 Secondary Legislation Act 2021
31: References to New Zealand Standards in other
legislation A reference in any legislation (other than this Act) Standards Act 1988 1988 No 5 s 24 Section 31 heading amended 28 October 2021 section 3 Secondary Legislation Act 2021 Section 31 amended 28 October 2021 section 3 Secondary Legislation Act 2021 Proof of New Zealand Standards
32: Proof of New Zealand Standards
1: The fact that any standard has been approved or adopted in accordance with this Act and promulgated as a New Zealand Standard is, in the absence of proof to the contrary, sufficient evidence that it is a New Zealand Standard made in accordance with the requirements of this Act.
2: The production in any proceedings of a copy of a standard or specification purporting to be a New Zealand Standard is sufficient evidence that it is a New Zealand Standard in the absence of proof to the contrary.
3: Subsection (2) does not affect any other method of proof. 1988 No 5 s 25
3: Accreditation of conformity assessment bodies
Accreditation Council
33: Continuation of Accreditation Council
1: The council established under section 3 Council
2: The Accreditation Council is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The members of the Accreditation Council are the board for the purposes of the Crown Entities Act 2004 1972 No 36 s 3
34: Membership of Accreditation Council
1: The Accreditation Council consists of 5 to 7 members, who must be appointed by the Minister under section 28
2: In appointing members to the Accreditation Council, the Minister must have regard to—
a: nominations put forward by persons or bodies involved or interested in the development and use of conformity assessment:
b: the nominees’ knowledge of, and experience in, management:
c: the nominees’ knowledge of, and experience in, conformity assessment.
3: The Minister may, at any time, remove a member of the Accreditation Council from office by written notice to the member (with a copy to the Council).
4: A member of the Accreditation Council may, at any time, resign from office by written notice to the Minister (with a copy to the Council) signed by the member.
5: A resignation under subsection (4) is effective on receipt by the Minister of the notice or at any later time specified in the notice. 1972 No 36 s 4
35: Functions of Accreditation Council
The functions of the Accreditation Council are—
a: to promote the development and maintenance of good practice in conformity assessment; and
b: to establish and maintain accreditation schemes for conformity assessment bodies engaged in testing and inspection activities; and
c: to develop and maintain international recognition and acceptance of the Council's accreditation scheme; and
d: to maintain appropriate international relationships consistent with the Council's functions under this section; and
e: to act as New Zealand’s good laboratory practice compliance monitoring authority; and
f: if the Council chooses, to provide certification services; and
g: to perform any other functions that the Minister directs the Council to perform in accordance with section 112 1972 No 36 s 12
36: Criteria for accreditation schemes
In establishing and maintaining an accreditation scheme under section 35(b)
a: is consistent with international practice; and
b: facilitates trade; and
c: addresses an identified industry, consumer, or regulatory need.
37: Powers of Accreditation Council generally
1: The Accreditation Council may—
a: provide, subject to such conditions as the Council thinks fit, for the accreditation of conformity assessment bodies engaged in testing and inspection activities that—
i: apply for accreditation; and
ii: in the Council’s opinion, comply with the requirements set by the Council:
b: prescribe a period of accreditation for any body referred to in paragraph (a):
c: provide for the revocation of the accreditation of a conformity assessment body under this Act (after considering any submissions made on its behalf) for failing to comply with all or any of the requirements or conditions set by the Council on accreditation:
d: require, for every conformity assessment body accredited under this Act,—
i: the institution and maintenance, to the satisfaction of the Council, of control of the services for which the conformity assessment body is accredited; and
ii: the maintenance of any records that, in the opinion of the Council, are necessary to establish that control is maintained:
e: authorise the endorsement, in the name of the Council, of conformity assessment documents issued for services if—
i: the documents are offered by a conformity assessment body accredited under this Act; and
ii: the services are services for which the conformity assessment body is accredited:
f: co-operate with producers and providers of goods, services, and facilities in New Zealand with the object of maintaining and improving the quality of those goods, services, and facilities through the use of conformity assessment practices approved by the Council:
g: co-operate with any person, association, or organisation outside New Zealand having similar functions or objects, with a view to furthering the functions of the Council:
h: become a member of or affiliate to any international body concerned with similar functions or objects:
i: establish and maintain libraries and other sources of information for reference in respect of matters relating to the functions of the Council:
j: collect and disseminate information relating to conformity assessment, including the publication of reports, pamphlets, books, journals, and other publications:
k: provide advisory and other services in respect of conformity assessment:
l: promote research into methods of conformity assessment:
m: promote the testing and assessment of goods and services:
n: establish training centres, consultancies, and other establishments considered necessary for the efficient exercise of its functions:
o: charge fees in respect of accreditation under this Act and of any other services provided:
p: exercise any other powers and perform any other duties that are conferred on it by this Act or any other enactment.
2: This section does not limit the Council's powers under sections 16 17 1972 No 36 s 13
38: Accreditation requirements
1: The Accreditation Council must ensure that any requirements for, or conditions of, accreditation set by the Council under section 37(1)﻿(a)﻿(ii)
2: Regulations may prescribe criteria that the Accreditation Council must apply when setting requirements or conditions under section 37(1)﻿(a)
39: Accreditation Council exempted from income tax
The Accreditation Council is exempt from payment of income tax. 1972 No 36 s 21 Restrictions
40: Statements or representations about being accredited
1: No person may make any statement or representation or use any mark with reference to any goods, processes, services, or facilities that gives or is likely to give the impression that a conformity assessment body that is not accredited under this Act is so accredited.
2: A person who breaches subsection (1) commits an offence and is liable on conviction to a fine not exceeding $5,000. 1972 No 36 s 30
2: Miscellaneous provisions
41: Regulations
1: The Governor-General may, by Order in Council, make regulations providing for any matter that is contemplated by this Act as necessary—
a: for giving it full effect; or
b: for its administration.
2: Regulations under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 cl 32(1)﻿(a) Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Section 41(2) inserted 28 October 2021 section 3 Secondary Legislation Act 2021
42: Disestablishment of Standards Council
The Standards Council (continued under section 3
43: Transitional provisions
1: The transitional provisions in Schedule 2
2: The transitional provisions in Schedule 3
44: Amendment to Copyright Act 1994
1: This section amends the Copyright Act 1994
2: After section 27(1B)
1C: Subsection (1A) does not affect copyright in any New Zealand Standard (as that term is defined in the Standards and Accreditation Act 2015). OIC LI 2015/312 2016-03-01 Copyright Act 1994 S 44 comes in force by OIC or 6 mths after assent - read s 2
45: Consequential amendments
1: The enactments listed in Schedule 4
2: The enactments listed in Schedule 5 OIC LI 2015/312 2016-03-01 Biosecurity Act 1993 Building Act 2004 Civil Aviation Act 1990 Climate Change Response Act 2002 Commerce Act 1986 Crown Entities Act 2004 Dairy Industry Restructuring Act 2001 Electricity Act 1992 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Fair Trading Act 1986 Gas Act 1992 Health Act 1956 Human Tissue Act 2008 Land Transport Act 1998 Legislation Act 2012 Maritime Transport Act 1994 Medicines Act 1981 National Animal Identification and Tracing Act 2012 Official Information Act 1982 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 Radiocommunications Act 1989 Social Security Act 1964 S 45(1) comes in force by OIC or 6 mths after assent - read s 2 2015-10-21 Animal Products Act 1999 Crown Entities Act 2004 Flags, Emblems, and Names Protection Act 1981 Health Act 1956 Official Information Act 1982 Ombudsmen Act 1975 Public Bodies Contracts Act 1959 Accident Insurance (Occupational Hearing Assessment Procedures) Regulations 1999 Corrections Regulations 2005 Energy Efficiency (Energy Using Products) Regulations 2002 Gas (Safety and Measurement) Regulations 2010 Health and Safety in Employment (Asbestos) Regulations 1998 Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013 Health and Safety in Employment (Pipelines) Regulations 1999 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 Weights and Measures Regulations 1999 s 45(2) comes in force 1 day after assent - see s 2(1)﻿(b)
46: Repeals
1: The Standards Act 1988
2: The Testing Laboratory Registration Act 1972 OIC LI 2015/312 2016-03-01 Standards Act 1988 S 46(1) comes in force by OIC or 6 mths after assent - read s 2 2015-10-21 Testing Laboratory Registration Act 1972 S 46(2) comes in force 1 day after assent - see s 2(1)﻿(b)
47: Revocation
The Standards Regulations 2006 OIC LI 2015/312 2016-03-01 Standards Regulations 2006 S 47 comes in force by OIC or 6 mths after assent - read s 2