12 DECEMBER

NEW ZEALAND GAZETTE

4703

“Regulation” and “Regulations” means Regulations made pursuant to the Act.

“standard” means a publication, or those parts of a publication, prescribing the measurement procedures,
processes, and limits relating to the emissions or electromagnetic compatibility of a product.

“supplier” means:
(i) a person in New Zealand supplying products in New Zealand; or
(ii) an authorised agent resident in New Zealand, of a person supplying products in New Zealand.

“supplier code number” means the letter “Z” and a unique numeric identifier allocated by the Chief Executive.

“supplier identification” means any of the following:
(i) the supplier code number.
(ii) the supplier’s registered name and address.
(iii) the supplier’s registered company number.
(iv) the supplier’s registered G.S.T. number.
(v) the supplier’s registered trademark.

“test report” means:
(i) the text, drawings, diagrams and tables specifying the standard or standards to which a product has
been tested; and
(ii) the general procedure followed in testing the product; and
(iii) the measurement results; and
(iv) a statement as to whether the product conforms to the standard or standards to which the product
has been tested.

(b) Other words and expressions contained in this notice that are defined in the Act, Regulations and notices
made under the Regulations, have the meanings so defined.

3. Scope
   (a) Subject to subsection (b), unless expressly stated to the contrary in this notice:
   (i) a product used, sold, or otherwise distributed in New Zealand, or manufactured for supply in New
   Zealand; and
   (ii) a person supplying a product in New Zealand
   must comply with the requirements of this notice, and any notices made under Regulation 32(1)(a) to (d) of the
   Regulations.

(b) A product to which this notice applies is exempt from the requirements of this notice if the product meets the
requirements of an agreement between New Zealand and another country or a body, as prescribed in the
Radiocommunications (Regulatory Harmonisation) Notice 2004, or a notice in replacement thereof.

4. Levels of conformity – requirements to be met by suppliers
   (a) The requirements to be met for levels of conformity 1, 2, 3, A1, A2 and A3 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 must ensure that the product conforms to an applicable standard and:
(a) may, if the product is not a radio transmitter, label the product with a compliance mark and the supplier’s
supplier identification in which case the supplier must create a compliance folder containing:
(i) a declaration of conformity; and
(ii) a product description.
(b) must, if the product is a radio transmitter, label the product with a compliance mark and the supplier’s
supplier identification and create a compliance folder containing:
(i) a declaration of conformity; and
(ii) 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 must ensure that the product conforms to an applicable standard and:
(a) must label the product with a compliance mark and the supplier’s supplier identification; and
(b) must create a compliance folder containing:
(i) a declaration of conformity; and
(ii) a product description; and
(iii) a test report, or manufacturer's performance specifications, or a certificate issued by another
administration.

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 must ensure that the product conforms to an applicable standard and:
(a) must label the product with a compliance mark and the supplier’s supplier identification.
(b) must create a compliance folder containing: