3544

NEW ZEALAND GAZETTE

No. 139

4. Applicable standards

(a) For the purposes of regulation 32(1)(a), (b), and (c), the applicable standards are those prescribed in Schedule A and Schedule B of this notice.

(b) For the purpose of determining whether a product complies with an applicable standard, the product must be tested in accordance with the requirements of this notice, and the results of any such tests must, except as specified in this notice, be interpreted in accordance with that standard.

(c) Unless expressly stated to the contrary in this notice:

(i) an amendment or modification to an applicable standard is effective from the date specified by the authority issuing the amendment or modification:

(ii) a product to which schedule A applies that is first supplied 2 years or more after the effective date of an amendment or modification to an applicable standard, must conform to that amended or modified applicable standard:

(iii) a product to which schedule B applies that is first supplied 1 year or more after the effective date of an amendment or modification to an applicable standard, must conform to that amended or modified applicable standard.

(d) For the purposes of this notice, unless the context otherwise requires:

“ARIB” means a standard published by the Association of Radio Industries and Businesses in Japan:

“AS/NZS” means a joint Australian/New Zealand standard under the terms of the Active Co-operation Agreement between Standards Australia Limited and Standards New Zealand:

“CFR” means the Code of Federal Regulations of the United States of America:

“CISPR” means a publication published by the Special Committee on Radio Interference of the International Electrotechnical Commission:

“COP” means a code of practice prescribed in this notice:

“EN” means a standard published by the European Committee for Electrotechnical Standardisation, commonly known as CENELEC:

“ETS” and “ETS EN” means a standard published by the European Technical Standards Institute:

“IEC” means a publication published by the International Electrotechnical Commission:

“RFS” means a standard or specification published by the Chief Executive of the Ministry of Economic Development.

5. Levels of conformity – requirements to be met

(a) The classes of products to which the level of conformity requirements apply, are set out in Schedules A and B of this notice.

(b) For the purposes of regulation 32(1)(d) and (h), the requirements to be met for levels of conformity 1, 2, 3 and A are:

Level of conformity 1

Where a product is in a class to which level of conformity 1 applies, then, prior to supplying the product, the supplier:

(a) is responsible for ensuring that the product conforms with an applicable standard, as prescribed in this notice:

(b) may label the product, in which case the supplier is responsible for the creation of a compliance folder containing a completed declaration of conformity in the form prescribed in Schedule E of this notice, and a product description.

Level of conformity 2

Where a product is in a class to which level of conformity 2 applies, then prior to supplying the product, the supplier is responsible for:

(a) complying with the requirements of level of conformity 1(a):

(b) labelling the product:

(c) the creation of a compliance folder containing:

    (i) a declaration of conformity, in the form prescribed in Schedule E of this notice:

    (ii) a product description:

    (iii) a test report, or a technical construction file.

Level of conformity 3

Where a product is in a class to which level of conformity 3 applies, then prior to supplying the product, the supplier is responsible for:

(a) complying with the requirements of level of conformity 1(a):

(b) labelling the product: