Testing Laboratory Registration Act 1972

1: Short Title and commencement
1: This Act may be cited as the Testing Laboratory Registration Act 1972.
2: This Act shall come into force on 1 January 1973.
1A: Purpose
The purpose of this Act is to provide for the development and maintenance of good conformity assessment practice in New Zealand that is consistent with international practice and facilitates trade. Section 1A inserted 26 September 2006 section 5 Testing Laboratory Registration Amendment Act 2006
2: Interpretation
In this Act, unless the context otherwise requires,— conformity assessment bodies conformity assessment Council Minister registration testing test testing laboratory Section 2 conformity assessment bodies inserted 26 September 2006 section 6(1) Testing Laboratory Registration Amendment Act 2006 Section 2 industrial design repealed 26 September 2006 section 6(2) Testing Laboratory Registration Amendment Act 2006 Section 2 Minister replaced 2 August 1990 section 14(1) Foundation for Research, Science, and Technology Act 1990 Section 2 registration inserted 26 September 2006 section 6(3) Testing Laboratory Registration Amendment Act 2006
2A: Act binds the Crown
This Act binds the Crown. Section 2A inserted 26 September 2006 section 7 Testing Laboratory Registration Amendment Act 2006 Testing Laboratory Registration Council
3: Establishment of Testing Laboratory Registration Council
1: There is hereby established for the purposes of this Act a Council, to be known as the Testing Laboratory Registration Council.
2: The Council is a Crown entity for the purposes of section 7
3: The Crown Entities Act 2004
4: The members of the Council are the board for the purposes of the Crown Entities Act 2004 Section 3(2) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 3(3) inserted 25 January 2005 section 200 Crown Entities Act 2004 Section 3(4) inserted 25 January 2005 section 200 Crown Entities Act 2004
4: Membership of Council
1: The Council consists of 9 members of whom—
a: 5 members must be appointed by the Minister under section 28(1)﻿(a)
b: 4 members must be appointed by the Council itself.
2: In exercising the power of appointment, the Minister shall 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, and knowledge and experience of conformity assessment
3:
4:
5: Section 4 replaced 1 January 1989 section 3(1) Testing Laboratory Registration Amendment Act 1988 Section 4(1) replaced 25 January 2005 section 200 Crown Entities Act 2004 Section 4(2)﻿(a) amended 26 September 2006 section 8(1) Testing Laboratory Registration Amendment Act 2006 Section 4(2)﻿(b) amended 26 September 2006 section 8(2) Testing Laboratory Registration Amendment Act 2006 Section 4(3) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(4) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 4(5) 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: Extraordinary vacancies
Section 6 repealed 25 January 2005 section 200 Crown Entities Act 2004
7: Representation of absent members
Section 7 repealed 25 January 2005 section 200 Crown Entities Act 2004
8: Deputy Chairman
Section 8 repealed 25 January 2005 section 200 Crown Entities Act 2004
9: Meetings of the Council
Section 9 repealed 25 January 2005 section 200 Crown Entities Act 2004
10: Executive committee
Section 10 repealed 25 January 2005 section 200 Crown Entities Act 2004
11: Special committees
Section 11 repealed 25 January 2005 section 200 Crown Entities Act 2004 Functions and powers
12: Functions of the Council
The general functions of the Council are—
a: to promote the development and maintenance of good practice in conformity assessment; and to establish and maintain a registration scheme for conformity assessment bodies (except for certification bodies) that comply with that practice; and
b: to develop and maintain international recognition and acceptance of the Council's registration scheme; and to maintain appropriate international relationships consistent with the Council's functions under this section; and
c: if the Council chooses, to provide certification services; and
d: to perform any other functions that the Minister may direct the Council to perform in accordance with section 112 Section 12 replaced 26 September 2006 section 9 Testing Laboratory Registration Amendment Act 2006
13: Powers of the Council
1:
2: Without limiting the generality of the powers of the Council under sections 16 17
a: provide for the registration of conformity assessment bodies (except for certification bodies) that apply for registration and that, in the opinion of the Council, comply with the requirements prescribed by the Council, subject to any conditions, including the period of registration, as the Council thinks fit:
b: provide for the revocation of the registration of a conformity assessment body registered under this Act, after consideration of any submissions made on its behalf, for failing to comply with all or any of the requirements or conditions prescribed by the Council on registration:
c: require, for every conformity assessment body registered under this Act, the institution and maintenance, to the satisfaction of the Council, of control of the services for which the conformity assessment body is registered, and the maintenance of any records that, in the opinion of the Council, are necessary to establish that control is maintained:
d: authorise the endorsement, in the name of the Council, of conformity assessment documents issued for services that are services—
i: offered by a conformity assessment body registered under this Act; and
ii: for which the body is registered:
e:
f:
g:
h: co-operate with persons, associations, or organisations engaged in the production of goods in New Zealand with the object of maintaining and improving the quality of such goods by the use of conformity assessment practices
i: 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:
j: become a member of or affiliate to any international body concerned with similar functions or objects:
k: establish and maintain libraries and other sources of information for reference in respect of matters relating to the functions of the Council:
l: collect and disseminate information relating to conformity assessment, including the publication of reports, pamphlets, books, journals, and other publications:
m: provide advisory and other services in respect of conformity assessment:
n: promote research into the methods of conformity assessment:
o: promote the development of the testing of goods and its acceptance by producers of goods:
p: solicit and accept for the purposes of the Council any money, land, or other property from any person, organisation, local authority, or public body by way of grant, subsidy, donation, gift, subscription, or otherwise; and extend to any person, organisation, local authority, or public body, from whom it accepts any money, land, or other property as aforesaid, such concessions or benefits as it thinks fit:
q:
r:
s:
t:
u: establish
v: charge fees in respect of the registration under this Act and of any other services rendered:
w: carry out such other powers and duties as are conferred on it by this Act or otherwise. Section 13 replaced 10 December 1988 section 6(1) Testing Laboratory Registration Amendment Act 1988 Section 13(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 13(2)﻿(a) replaced 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(b) replaced 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(c) replaced 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(d) replaced 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(e) repealed 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(f) repealed 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(g) repealed 26 September 2006 section 10(1) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(h) amended 26 September 2006 section 10(2) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(l) replaced 26 September 2006 section 10(3) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(m) replaced 26 September 2006 section 10(3) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(n) replaced 26 September 2006 section 10(3) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(q) repealed 26 September 2006 section 10(4) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(r) repealed 26 September 2006 section 10(4) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(s) repealed 26 September 2006 section 10(4) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(t) repealed 26 September 2006 section 10(4) Testing Laboratory Registration Amendment Act 2006 Section 13(2)﻿(u) amended 26 September 2006 section 10(5) Testing Laboratory Registration Amendment Act 2006
14: Powers of Council with respect to property
1:
2:
3: Nothing in this Act or any other Act
4: Any land held by the Council in trust for a special purpose may
5: Section 14(1) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 14(2) repealed 25 January 2005 section 200 Crown Entities Act 2004 Section 14(3) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 14(4) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 14(4) amended 10 December 1988 section 7(2) Testing Laboratory Registration Amendment Act 1988 Section 14(5) repealed 25 January 2005 section 200 Crown Entities Act 2004
15: Staff of the Council
Section 15 repealed 25 January 2005 section 200 Crown Entities Act 2004 Financial provisions
16: Funds of the Council
Section 16 repealed 25 January 2005 section 200 Crown Entities Act 2004
17: Investment of funds
Section 17 repealed 25 January 2005 section 200 Crown Entities Act 2004
18: Borrowing powers
Section 18 repealed 25 January 2005 section 200 Crown Entities Act 2004
19: Money to be banked
Section 19 repealed 25 January 2005 section 200 Crown Entities Act 2004
20: Accounts
Section 20 repealed 25 January 2005 section 200 Crown Entities Act 2004
20A: Crown entity
Section 20A repealed 25 January 2005 section 200 Crown Entities Act 2004
21: Exemption from taxes
1: The Council shall be exempt from the payment of
2: Section 21(1) amended 25 January 2005 section 200 Crown Entities Act 2004 Section 21(2) repealed 1 October 1973 section 2(2)﻿(a) Payroll Tax Repeal Act 1973
22: Members not personally liable
Section 22 repealed 25 January 2005 section 200 Crown Entities Act 2004
23: Fees and travelling allowances
Section 23 repealed 25 January 2005 section 200 Crown Entities Act 2004
24: Contributions to the Council's funds
For the purpose of providing funds for the exercise of the functions of the Council, any local authority or public body may, without further authority than this section, make grants out of its general funds to the Council for such amount as it thinks fit.
25: Insurance of members
Section 25 expired 1 April 1974 Miscellaneous provisions
26: Annual report
Section 26 repealed 25 January 2005 section 200 Crown Entities Act 2004
27: Departments of State to provide services, etc
Section 27 repealed 25 January 2005 section 200 Crown Entities Act 2004
28: Contracts of Council and members
Section 28 repealed 25 January 2005 section 200 Crown Entities Act 2004
29: Restriction on use of words Testing Laboratory Registration in certain circumstances
1: Except with the consent of the Governor-General in Council, no association or person, whether a body corporate or not, shall exercise its functions under a name which contains the words “Testing Laboratory Registration” or any abbreviation of these words.
2: Where any Act provides for the registration of any association of persons, the registering authority may refuse registration, if, in its opinion, the use of the name by which the association desires to be registered is prohibited by subsection (1).
3: The provisions of this section shall, with any necessary modifications, apply to a person carrying on business under any name or style other than his own.
4: Any association which, or person who, does any act in contravention of the provisions of this section commits an offence.
5: Nothing in this section shall apply to the use by any association or person of any name that was in use in New Zealand by that association or person, or any predecessor in business of that association or person, immediately before the commencement of this Act.
30: Offences and penalties
1: Every person commits an offence against this Act who makes any statement or representation, whether in writing or not, or uses any mark with reference to any goods, which conveys or is likely to convey the impression that a testing laboratory which is not registered under this Act is so registered.
2: Every person who commits an offence against this Act for which no specific penalty is provided elsewhere than in this section, shall be liable on Section 30(2) amended 1 July 2013 section 413 Criminal Procedure Act 2011