marinheiro 184 Posted February 22 Report Share Posted February 22 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 😄 Quote Link to post Share on other sites
Island Time 786 Posted February 22 Report Share Posted February 22 14 hours ago, marinheiro said: reminds me to read the text rather than just the file name of my extract 😄 OK, any idea where in the electrical regs the same statement (or similar) is made? I've been looking for it.... Quote Link to post Share on other sites
marinheiro 184 Posted February 23 Report Share Posted February 23 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! Quote Link to post Share on other sites
Island Time 786 Posted February 23 Report Share Posted February 23 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.... Quote Link to post Share on other sites
marinheiro 184 Posted February 23 Report Share Posted February 23 and just for clarity, Standards have no legal standing in their own right. To be obligatory they must be specifically referenced in legislation, either in an Act or Regulations. Otherwise they are only advisory/for reference Quote Link to post Share on other sites
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