NEW ZEALAND GAZETTE, No. 69

21 JUNE 2012

Canterbury Earthquake Recovery Authority

Canterbury Earthquake Recovery Act 2011

Canterbury Earthquake Recovery Review Panel Recommendations on Canterbury Earthquake (Social Security Act) Order (No 2) 2010 Amendment Order 2012

Pursuant to section 73(6) of the Canterbury Earthquake Recovery Act 2011 ("the Act"), the Minister for Canterbury Earthquake Recovery gives the following notice.

Notice

1. Title—This notice is the Canterbury Earthquake Recovery Review Panel Recommendations on the Canterbury Earthquake (Social Security Act) Order (No 2) 2010 Amendment Order 2012.

2. Review Panel recommendation—The Canterbury Earthquake Recovery Review Panel made the following recommendation under section 73(3) of the Act to the Minister for Canterbury Earthquake Recovery and the Minister for Social Development:

   The Review Panel recommends to the Minister for Social Development that the Order be made.

Dated at Wellington this 16th day of April 2012.

HON GERRY BROWNLEE, Minister for Canterbury Earthquake Recovery.

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Consumer Affairs

Fair Trading Act 1986

Unsafe Goods (Chainsaws Without a Chain Brake) Indefinite Prohibition Notice 2012

Pursuant to section 31 of the Fair Trading Act 1986, the Minister of Consumer Affairs makes the following notice.

Notice

1. Title—This notice is the Unsafe Goods (Chainsaws Without a Chain Brake) Indefinite Prohibition Notice 2012.

2. Commencement—This notice is effective from 24 June 2012.

3. Revocation—This notice revokes the Unsafe Goods (Chainsaws Without a Chain Brake) Notice 2010*.

4. Application—(1) This notice applies to new and used chainsaws supplied, or offered for supply, or advertised for supply, in trade or otherwise.

   (2) This notice is in force for an indefinite period from the date of its publication in the New Zealand Gazette unless amended or revoked by the Minister of Consumer Affairs.

5. Definition of chainsaw—For the purposes of this notice:

   Chainsaw means:

   (a) any powered machine which drives an exposed chain for the purposes of cutting and which is operated by being hand held; but

   (b) does not include a machine of the kind described in paragraph (a) that cuts from the end of a pole and is generally known as a "pole pruner", "power pruner", or "long reach pruner".

6. Definition of a chain brake—For the purposes of this notice:

   chain brake means a device for stopping or locking the saw chain activated manually or non-manually when kickback occurs.

7. Certain chainsaws declared unsafe goods—(1) The following are unsafe goods:

   (a) Any chainsaw without a chain brake; and

   (b) any chainsaw with a chain brake that does not comply with the performance requirements described in subclause (2).

   (2) The performance requirements of the chain brake are:

   (a) The maximum braking time should not exceed 0.15 seconds and the average braking time of the saw should not exceed 0.12 seconds when the chain brake is tested in accordance with subclause (3); and

   (b) the release force should be more than 20 N and less than 60 N when the chain brake is tested in accordance with subclause (3).

   (3) Test procedures for subclause (2) are:

   (a) In the case of a chainsaw of any kind (including an electric powered chainsaw), those detailed in ISO 6535:2008 Portable chainsaws – Chain brake performance; or

   (b) in the case of an electric powered chainsaw, clauses 19.107.1 and 19.107.2 of AS/NZS 60745.2.13:2006 Hand-held Motor-operated Electric Tools – Safety Part 2.13: Particular requirements for chainsaws; or

   (c) a standard that corresponds to and replaces either of the standards referred to in (a) or (b).

Dated at Wellington this 11th day of June 2012.

HON SIMON BRIDGES, Minister of Consumer Affairs.

Explanatory Note

New Zealand Customs Service Requirements

Under section 33 of the Fair Trading Act 1986, and section 54 of the Customs and Excise Act 1996, it is prohibited to import into New Zealand chainsaws that are declared unsafe goods by clause 7 of this notice. Any person seeking to import a chainsaw after the date of this notice may need to provide the New Zealand Customs Service with acceptable documentation demonstrating that the import of that chainsaw is not prohibited by this notice.

Commerce Commission Requirements

Under section 33 of the Fair Trading Act 1986, any person who supplies, offers to supply, or advertises to supply a chainsaw after the date of this notice may need to provide an officer of the Commerce Commission with acceptable documentation demonstrating that the chainsaw is not declared to be unsafe goods by clause 7.

Acceptable Documentation

Acceptable documentation will usually consist of:

(a) a certificate of compliance with ISO 6535:2008 or AS/NZS 60745.2.12:2006 (whichever is applicable) that sets out:

(i) the name and address of the importer or manufacturer; and

(ii) the make and model number of the chainsaw; and

(iii) the date of the test and the results of the test; or

(b) a statement that the chainsaw complies with ISO 6535:2008 or AS/NZS 60745.2.13:2006 (whichever is applicable) that sets out:

(i) the name and address of the supplier; and

(ii) the make and model number of the chainsaw.