Standards Act 1988

1: Short Title and commencement
1: This Act may be cited as the Standards Act 1988.
2: This Act shall come into force on 1 July 1988.
2: Interpretation
In this Act, unless the context otherwise requires,— Council section 3 goods mark Minister New Zealand Standard Standards Act 1965 services specification description of, or instruction, requirement, statement, or principle relating to, goods
a: a description of goods by reference to a mark on the goods:
b: a model form of bylaws:
c: a code of practice:
d: a glossary of terms:
e: definitions or symbols standard standard mark standards organisation 1965 No 59 s 2 1979 No 59 s 8(3) Section 2 financial year repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 2 Minister substituted 1 December 1988 section 4(1) Trade and Industry Act Repeal Act 1988 Section 2 specification amended 26 September 2006 section 4 Standards Amendment Act 2006
2A: Act binds the Crown
This Act binds the Crown. Section 2A inserted 26 September 2006 section 5 Standards Amendment Act 2006 Standards Council
3: Standards Council continued in existence
1: There shall continue to be a body known as the Standards Council.
2: The Council is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
3A: Members of the Council are the board for the purposes of the Crown Entities Act 2004
4: The Council is hereby declared to be the same body corporate as the body corporate of the same name existing immediately before the commencement of this Act under the Standards Act 1965 1965 No 59 s 3 Section 3(2) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(3) substituted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(3A) inserted 25 January 2005 section 200 Crown Entities Act 2004
4: Membership of Council
1: The Council shall consist of not more than 12 members of whom—
a: not more than 4
b: not more than 8 shall be persons appointed by the Minister in accordance with subsection (2) or subsection (4).
c:
2: When appointing members under subsection (1)﻿(b), the Minister must appoint from nominations made by nominating bodies as set out in regulations made under section 26
3: Nothing in subsection (2) shall be construed as preventing any 2 or more of the bodies specified in the regulations
4: If insufficient nominations have been submitted to the Minister under subsection (2) within a period specified by the Minister, the Minister, to the extent of the insufficiency, may appoint any person or persons to be a member or members of the Council without nomination.
5: In appointing members of the Council, the Minister shall have regard to—
a: their knowledge of and experience in management; and
b: their knowledge of and experience in the development and use of standards.
6:
7: 1965 No 59 s 4 1972 No 103 s 2 Section 4(1)﻿(a) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 4(1)﻿(c) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(2) substituted 1 December 2006 section 6(1) Standards Amendment Act 2006 Section 4(3) amended 1 December 2006 section 6(2) Standards Amendment Act 2006 Section 4(6) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(7) repealed 25 January 2005 section 200 Crown Entities Act 2004
5: Term of office of members
Section 5 repealed 25 January 2005 section 200 Crown Entities Act 2004
6: Vacation of office
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Chairperson and Deputy Chairperson
Section 7 repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Meetings of Council
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Remuneration and travelling allowances
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004 Functions and powers of Council
10: Functions of Council
1: The primary functions of the Council shall be to develop standards and to promote, encourage, and facilitate the use of standards in New Zealand with the object of—
a: improving the quality of goods or services, having regard to economy in their production or supply; or
b: promoting standardisation in industry, trade, or commerce; or
c: encouraging and facilitating industrial development, trade, or commerce; or
d: promoting public or occupational safety, health, or welfare ; or
e: minimising environmental risks; or
f: promoting social responsibility.
2: Without limiting the effect of subsection (1), the Council's functions shall include the following:
a: to prepare draft standards and, when satisfactory to the Council, to approve and promulgate them as New Zealand standards:
b: to examine standards of other standards organisations and, if the Council considers it appropriate, to adopt and promulgate them (with or without modification) as New Zealand standards or to endorse them as suitable for use in New Zealand:
c: to examine New Zealand standards and, if the Council considers it appropriate, to revoke them or approve and promulgate standards to replace or modify them:
ca: to recommend specifications other than standards:
d: to undertake and promote research and educational work in connection with the development and use of standards and other specifications
e: to adopt and regulate the use of standard marks in relation to goods, services, processes, or practices:
f: to register under the Trade Marks Act 2002
g: to co-operate with other standards organisations and organisations or persons with similar or related functions with a view to furthering the functions of the Council, and to become a member of or affiliate to any such organisation as the Council considers appropriate:
h: to co-operate and promote New Zealand's participation in the preparation of international standards and other specifications
i: to perform any other functions conferred on it by or under this or any other enactment or that the Minister may direct it to perform in accordance with section 112
3: The Council shall, as part of its processes leading to the approval, adoption, endorsement, or revocation of standards, invite public comment and consult and co-operate with Government and local government bodies, persons engaged in industry, trade, and commerce, consumer groups, and other persons with a view to ensuring as far as reasonably practicable that the Council's decisions with respect to the approval, adoption, endorsement, or revocation of any standard are supported by the bodies and persons having an interest in the standard.
4: If any New Zealand standard is cited in any Act or regulation, the Council shall not amend, revise, revoke, or replace that standard except with the approval of the Minister who is for the time being charged with the administration of the Act or regulation. 1965 No 59 ss 16, 17 Section 10(1)﻿(d) amended 26 September 2006 section 7(1) Standards Amendment Act 2006 Section 10(1)﻿(e) added 26 September 2006 section 7(1) Standards Amendment Act 2006 Section 10(1)﻿(f) added 26 September 2006 section 7(1) Standards Amendment Act 2006 Section 10(2)﻿(ca) inserted 26 September 2006 section 7(2) Standards Amendment Act 2006 Section 10(2)﻿(d) amended 26 September 2006 section 7(3) Standards Amendment Act 2006 Section 10(2)﻿(f) amended 20 August 2003 section 201 Trade Marks Act 2002 Section 10(2)﻿(h) amended 26 September 2006 section 7(4) Standards Amendment Act 2006 Section 10(2)﻿(i) amended 26 September 2006 section 7(5) Standards Amendment Act 2006
11: Additional powers of Council
1: The Council may make grants or advances of money, on any conditions that it thinks fit, or pay any fee or subscription, to any organisation or person with similar or related functions or carrying out work related to that of the Council.
2: This section does not limit sections 16 17 Section 11 substituted 25 January 2005 section 200 Crown Entities Act 2004
12: Officers and employees of Council
Section 12 repealed 25 January 2005 section 200 Crown Entities Act 2004
13: Superannuation and retiring allowances
1: For the purpose of providing superannuation or retiring allowances for its officers or employees, the Council may from time to time pay sums of money by way of subsidy into any scheme under the National Provident Fund Act 1950
2: Notwithstanding anything in this Act, any person who, immediately before becoming an officer or employee of the Council, is a contributor to the Government Superannuation Fund under Part 2 Part 2A
3: For the purposes of the Government Superannuation Fund Act 1956
4: Subject to the Government Superannuation Fund Act 1956 1965 No 59 s 18(4) Section 13(1) amended 25 January 2005 section 200 Crown Entities Act 2004
14: Personal liability of members, etc
Section 14 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions
15: Funds and resources of Council
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004
16: Bank accounts
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Investment and borrowing
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Local authorities and public bodies may contribute to Council's funds
For the purpose of providing funds for the performance of the functions of the Council, any local authority or public body may from time to time make grants out of its general funds to the Council of such amounts as it thinks fit. 1965 No 59 s 40
19: Accounts
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
19A: Crown entity
Section 19A repealed 25 January 2005 section 200 Crown Entities Act 2004
20: Exemption from taxation
The Council shall be exempt from 1965 No 59 s 36 Section 20 amended 25 January 2005 section 200 Crown Entities Act 2004 Annual report Heading repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Annual report
Section 21 repealed 25 January 2005 section 200 Crown Entities Act 2004 New Zealand standards and other Acts, regulations, and bylaws
22: Regulations, etc, may be made by referring to or incorporating New Zealand standards
1: Where regulations or bylaws may be made under any Act prescribing, defining, or making other provision in relation to goods, services, processes, or practices of any kind, any such regulation or bylaw may be made by referring to or incorporating in whole or in part, and with or without modification, any New Zealand standard relating to goods, services, processes, or practices of that kind.
2: Where a bylaw is made or proposed to be made by referring to a New Zealand standard,—
a: no resolution making the bylaw and no copy of the bylaw shall be deemed to be complete unless it has attached to it a copy of the standard or the part of the standard referred to (together with any text that the standard or part incorporates by reference) and states or shows any modification made to it by the person or body making the bylaw:
b: the object or purport of the bylaw shall be deemed to be sufficiently stated for the purposes of any enactment requiring that public notice be given of it if the notice refers to the standard by the title and number given to it by the Council and, in the case of a bylaw referring to part only of a standard, states the number and heading of the part referred to. 1965 No 59 ss 26, 27
23: Citation of New Zealand standards
A New Zealand standard may (without prejudice to any other mode of citation) be cited in an Act, regulation, or bylaw by the title and number given to it by the Council, and any such citation shall (unless the context otherwise requires) be deemed to include and refer to the latest New Zealand standard with that citation (together with any modifications to it) promulgated by the Council before the Act was passed or the regulation or bylaw made. 1965 No 59 s 28(1)
24: References to New Zealand standards in other Acts, etc
A reference in any other Act or in a regulation or bylaw to a standard, standard specification, or New Zealand standard declared or promulgated by the Council whether under this Act or the Standards Act 1965 Proof of New Zealand standards
25: Proof of New Zealand standards
1: The fact that any specification has been approved or adopted by the Council and promulgated as a New Zealand standard shall, in the absence of proof to the contrary, be sufficient evidence that it is a New Zealand standard made and promulgated in accordance with the requirements of this Act.
2: Without affecting any other method of proof, the production in any proceedings of a copy of a specification purporting to be a New Zealand standard shall be sufficient evidence thereof in the absence of proof to the contrary. 1965 No 59 ss 23(5), 28(2) Regulations Heading substituted 26 September 2006 section 8 Standards Amendment Act 2006
26: Regulations
The Governor-General may, by Order in Council, make regulations that provide for the way in which nominations and appointments may be made under section 4(2) Section 26 substituted 26 September 2006 section 8 Standards Amendment Act 2006 Amendments and repeals
27: Amendment to Higher Salaries Commission Act 1977
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Amendment to Flags, Emblems, and Names Protection Act 1981
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Consequential amendment to Local Authorities (Members' Interests) Act 1968
Section 29 repealed 25 January 2005 section 200 Crown Entities Act 2004
30: Consequential amendment to Public Bodies Contracts Act 1959
Section 30 repealed 25 January 2005 section 200 Crown Entities Act 2004
31: Repeals
The enactments specified in the Schedule