Guidance for Gaining Approval of Alternative Test Methods

Purpose of this Document

To provide guidance for gaining approval under the Engine Fuel Specifications Regulations 2008 for the use of alternative test methods from those specified in the Schedules of the Regulations.

The Regulations

The Engine Fuel Specifications Regulations 2008 allows the Chief Executive of the Ministry of Economic Development (‘the Secretary’) to approve alternative test methods to those set out in the Schedules of the Regulations. The relevant provisions are:

• 20(3) Any of the following persons may, in writing, request the Secretary to agree to the use of an alternative test method to any of those specified in the schedules:
  1. an engine fuel importer; or
  2. a wholesale supplier or retailer of engine fuel; or
  3. a producer of engine fuel.
•  20(4) The Secretary may agree to such a request if satisfied that the alternative test method is at least as good as the test method specified in the schedules.

Request Criteria

Those persons who may request the approval of an alternative test method are set out in clause 20(3)(a) to (c) above. An agent acting under authority of one of these persons may also request an approval.

Any request for the Secretary’s approval of an alternative test method must:

1. Be in writing;
2. Clearly identify the person or persons seeking the approval;
3. Identify the reason for the proposed alternative method or variation to current test method;
4. Fully describe the proposed alternative test method or identify variation to current test method; and
5. Provide evidence that the alternative test method is at least as good as the current test method. This should be supported by test data and expert opinion where possible.

Requests should be sent to the Chief Executive Officer, Ministry of Economic Development, C/o: Manager, Measurement and Product Safety Service, PO Box 1473, Wellington 6140.

Pursuant to clause 20(4), the Secretary will only agree to the use of an alternative test method if the Secretary is satisfied that the alternative test method is at least as good as the test method specified in the Schedules.

Approval

Prior to approval of an alternative test method the Secretary may require advice from fuel industry stakeholders or experts. The specifics of any approved alternative test method will be made available to any interested party including other importers, wholesale suppliers, retailers or producers of engine fuel. This means that any person who makes a request acknowledges and accepts that the information contained in their request will be made publicly available. If you want information you provide to be treated as confidential, clearly identify the material and explain why you believe the information should be withheld under the provisions of the Official Information Act. If an alternative test method has already been approved by the Secretary, each subsequent request of the same test method in respect of the same parameter for which the approval was granted may incorporate or refer to evidence employed by previous requests.

Disclaimer

This information is not a substitute for legal advice and should be used as guidance only.

Further Information

The Engine Fuel Specifications Regulations 2008 (SR2008/138) [external website] is available online at the government legislation website

For further information on the Fuel Quality Monitoring Programme visit the website of the Ministry of Consumer Affairs.

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