Jump to content

Recommended Posts

1 hour ago, Island Time said:

Agreed MH, it's a RORT!

But it's section 1.5;

1.5 COMPLIANCE
The requirements of this Standard shall be used in conjunction with, but do not take
precedence over, statutory regulations that may apply in any area. Where no requirement is
given, good practice shall apply. In a matter of uncertainty, advice should be sought. This
Standard applies to new installations, alterations and extensions commenced after its
publication date or the date of adoption by the relevant Technical Regulator. It does not
apply retrospectively to existing installations
,
but any repairs or modifications to existing
installations shall comply with the requirements of this Standard.

reminds me to read the text rather than just the file name of my extract 😄

Link to post
Share on other sites
59 minutes ago, Island Time said:

OK, any idea where in the electrical regs the same statement (or similar) is made? I've been looking for it....

 

AS 3004.2 does not include a similar statement. I have discussed this with the Electrical Inspector (Clive Cork, a fellow yachtie) who does our boats at Sandspit. He advises that it comes down to what the Electrical regulations state, and unless stated other wise the reference standard is for new instalations and not retrospective. He advised there is no retrospectivity clause for AS 3004.2. He said when he is inspecting a legacy installation he is ensuring that it is "safe" in his view. 

There is an anomaly between the regs and the standards, the Electrical (safety) regulations were enacted in 2010 and amended in 2013

https://www.legislation.govt.nz/regulation/public/2010/0036/latest/DLM2763501.html

https://www.legislation.govt.nz/regulation/public/2013/0494/latest/DLM5806001.html

They refer to As 3004.2 (2008). However since then AS 3004.2 was revised in 2014. So when inspecting a boat for an EWOF the 2008 standard applies, but a boat built on/after 2014 must comply with the latest version. Tricky huh!

Link to post
Share on other sites

Yes, but I knew it was somewhere. As the standard does not explicitly say it IS retrospective, it is not;

http://ldac.org.nz/guidelines/legislation-guidelines-2018-edition/constitutional-issues-and-recognising-rights/chapter-4/part-7/

For those who dont want to follow the link, but are interested, here is the basic stuff.

CHAPTER 4

Fundamental constitutional principles and values of New Zealand law

This is a single section from Chapter 4. Read the full chapter here.

PART 7

The presumption against retrospectivity

Legislation should not affect existing rights and should not criminalise or punish conduct that was not punishable at the time it was committed.

This presumption is part of the rule of law. The general rule is that legislation should have prospective, not retrospective, effect (Chapter 12 provides guidance on legislation that has a retrospective effect).

 

SO, if your gas man or electrical inspector is insisting on changing something that is safe, just old, and not compliant with current regs, find another inspector! Or quote them this....

Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...