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Weights and Measures Act 1987

Miscellaneous provisions

41: Regulations

You could also call this:

“Rules for fair and accurate weights and measures in New Zealand”

The Governor-General can make rules about weights and measures in New Zealand. These rules can cover many things, such as:

You can expect rules about how to mark and check weights and measures. The rules might say how accurate they need to be and what shapes and sizes they should be.

There might be rules about what kinds of weights and measures you can use for buying and selling things. Some might not be allowed at all.

The rules could say how to weigh vehicles and their loads, and how to measure liquids.

There might be rules about how to sell bread, milk, cream, and oil. These could say what size containers to use and how to mark them.

You might see rules about how to label food with its weight or volume.

The rules can also say what happens if someone doesn’t follow them. There might be fines up to $2,000 for breaking these rules.

These rules are called ‘regulations’ and they help make sure that weights and measures in New Zealand are fair and accurate for everyone.

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Part 7 Miscellaneous provisions

41Regulations

  1. The Governor-General may, from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. defining the duties of the Secretary and of Inspectors under this Act:
    1. prescribing symbols, letters, or figures that must be impressed on a reference standard or an Inspectors' working standard:
      1. prescribing the form and manner in which marks must appear on a reference standard or an Inspectors' working standard:
        1. regulating the issuing of certificates of accuracy, and the cancellation of such certificates; prescribing the class or classes of weights, measures, and weighing or measuring instruments in respect of which certificates of accuracy may be issued; and prescribing the period for which certificates of accuracy are to be in force (which period may differ for different classes of weights, measures, and weighing or measuring instruments):
          1. specifying the weighing or measuring instruments, or classes of weighing or measuring instruments, that are specified weighing or measuring instruments for the purposes of section 22B:
            1. regulating the verifying, inspection, and stamping of weights, measures, and weighing or measuring instruments, and prescribing the manner in which and the means by which such verification, inspection, and stamping shall be done:
              1. prescribing the maximum amount of error that may be tolerated in weights, measures, and weighing or measuring instruments:
                1. prescribing the numerical values of weight or measurement to be adhered to in weights or measures or both:
                  1. prescribing the shapes, dimensions, and proportions to be adhered to in weights, measures, and weighing or measuring instruments, and the materials of which they shall be made:
                    1. exempting or providing for the exemption of weights, measures, and weighing or measuring instruments from the requirements of this Act with regard to stamping with marks of verification:
                      1. providing for the approval by the Secretary of the types of weights, measures, and weighing or measuring instruments which may be stamped with marks of verification under this Act; for the specifying by the Secretary of conditions subject to which such weights, measures, and instruments may be approved, and for the variation or withdrawal of any such approval:
                        1. limiting the purposes for which certain weights, measures, and weighing or measuring instruments may lawfully be used:
                          1. prescribing the accuracy class of certain weights, measures, and weighing or measuring instruments to be used for trade:
                            1. prohibiting the use of any particular kind or kinds of weights, measures, or weighing or measuring instruments, either wholly or except in compliance with the conditions set by the Secretary or set out in the regulations:
                              1. exempting any weights or class of weights from the provisions of section 19(1):
                                1. prescribing the manner in which weights and measures shall be marked with their units of weight or measurement, and the numerical value of that unit, and weighing or measuring instruments with their capacities and other markings:
                                  1. regulating the obliteration of stamps on weights, measures, and weighing or measuring instruments found to be incorrect or not in accordance with this Act or regulations made under this Act:
                                    1. prescribing the classes of weights to be used on certain kinds of weighing instruments:
                                      1. providing for the periodic inspection of public weighing instruments, and generally providing for their supervision and control:
                                        1. regulating the taking of tare weights of any vehicle used for the conveyance of goods sold or carried by weight; the issue and production of tickets showing such weight, or the weight of the loading on such vehicle, or the weight of the loading and the vehicle; providing for such weighing by an Inspector, and for preventing frauds in connection with goods conveyed on vehicles and sold or carried by weight:
                                          1. regulating the use of liquid measuring instruments and the form and content of tickets showing the volume of any substance that has passed through any such instrument:
                                            1. regulating the recording of the weight of any goods at the time those goods are weighed:
                                              1. prohibiting the sale or keeping for sale of any class or description of bread, except at the weights specified in and determined in accordance with the regulations, and determining for the purposes of regulations made under this paragraph what is to be treated as selling or keeping for sale:
                                                1. with respect to the sale of milk, cream, and oil in bottles and other containers, prescribing—
                                                  1. the size and capacity of such containers:
                                                    1. the markings to be made on such containers to indicate their capacity and ownership and otherwise to identify them for any purpose, and how such markings shall be made:
                                                      1. the means and manner of testing the capacity of such containers, including the testing by sample of any glass bottles manufactured in batches; and empowering Inspectors to require the destruction of the whole or any part of any batch of glass bottles so tested where any sample from any batch is found not to comply with the requirements of any regulations made under this paragraph:
                                                      2. regulating the marking and labelling of quantity on any food, and on any package containing food, that is for sale:
                                                        1. prescribing the method of marking on goods their weight or measure:
                                                          1. prescribing goods or classes of goods to be sold by weight or volume or length and regulating the sale of such goods:
                                                            1. exempting any goods or class of goods from the provisions of section 12 or section 13:
                                                              1. prescribing the form and manner in which information must appear on an invoice or delivery note for the purposes of section 13(2):
                                                                1. prescribing the requirements for accreditation as an accredited person:
                                                                  1. prescribing forms of certificates, notices, and registers, and such other forms as may be required for the purposes of this Act:
                                                                    1. prescribing infringement offences in respect of the contravention of or non-compliance with any regulations made under this Act:
                                                                      1. prescribing offences in respect of the contravention of or non-compliance with any regulations made under this Act, and prescribing the amounts of the fines that may be imposed in respect of such offences, which fines shall be an amount not exceeding $2,000:
                                                                        1. providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

                                                                          1. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                                                                          Compare
                                                                          • 1925 No 26 s 39
                                                                          Notes
                                                                          • Section 41(1)(a): amended, on , by section 9(2) of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                                                          • Section 41(1)(ab): inserted, on , by section 18(1) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                                                                          • Section 41(1)(ac): inserted, on , by section 18(1) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                                                                          • Section 41(1)(b): substituted, on , by section 19(1) of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                                                          • Section 41(1)(ba): inserted, on , by section 18(2) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                                                                          • Section 41(1)(h): amended, on , by section 9(2) of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                                                          • Section 41(1)(k): amended, on , by section 9(2) of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                                                          • Section 41(1)(ua): inserted, on , by section 4 of the Weights and Measures Amendment Act 2001 (2001 No 81).
                                                                          • Section 41(1)(xaa): inserted, on , by section 18(3) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                                                                          • Section 41(1)(xa): inserted, on , by section 19(2) of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                                                          • Section 41(1)(y): amended, on , by section 18(4) of the Weights and Measures Amendment Act 2013 (2013 No 145).
                                                                          • Section 41(1)(y): amended, on , by section 19(3) of the Weights and Measures Amendment Act 1991 (1991 No 9).
                                                                          • Section 41(1)(ya): inserted, on , by section 3 of the Weights and Measures Amendment Act 1999 (1999 No 51).
                                                                          • Section 41(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
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