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Weights and Measures Act 1987

Miscellaneous provisions

41A: Regulations for purposes of section 16A(3)

You could also call this:

“Rules for checking if package contents match their labels”

The Governor-General can make rules about how to check if the weight, measure, or number of goods in a package or group of packages is the same as what’s written on the label. These rules can say how to choose which packages to check, how many to check, and how much difference is allowed between what’s on the label and what’s actually in the package.

The rules can also say how to figure out if all the packages in a big group have the right amount on average. They might set different rules for different types of goods, including rules about how much should be in the package after a certain time has passed.

Before making these rules, the Minister needs to talk to people or groups they think should have a say. But if they forget to talk to someone, it doesn’t make the rules invalid.

These rules are a type of law called secondary legislation, which means they need to be published in a special way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM102976.

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41: Regulations, or

"Rules for fair and accurate weights and measures in New Zealand"

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Part 7 Miscellaneous provisions

41ARegulations for purposes of section 16A(3)

  1. The Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations for the purposes of section 16A(3)—

  2. prescribing the conditions that a package must meet in order for the weight, measure, or number of the goods in the package to be deemed to be the same as that stated on the package or on a label attached to the package; or
    1. prescribing the conditions that a lot of packages must meet in order for the weight, measure, or number of the goods in each package in the lot to be deemed to be the same as that stated on any package in the lot or on a label attached to any package in the lot.

      1. Regulations made under subsection (1) may, for the purposes of determining the conditions to be prescribed,—

      2. prescribe—
        1. the statistical basis or method by which packages must be selected for counting, examining, measuring, or weighing; and
          1. the statistical basis or method by which the minimum number of packages to be selected must be set; and
            1. the circumstances, if any, in which the minimum number of packages to be selected may be varied:
            2. prescribe the maximum amount of error allowed in the weight, measure, or number of goods in a single selected package:
              1. prescribe the maximum amount of error allowed in the weight, measure, or number of goods in a group of selected packages examined at one time:
                1. prescribe formulas to determine the weight, measure, or number, and weighted values, of goods in a group of selected packages taken from a lot of packages. The formulas must be of such a kind as to ensure that all the packages in the lot of packages from which the group is taken contain, on average, the amount stated on any package in the lot or on any label attached to a package in the lot:
                  1. prescribe the number of packages that makes a group of packages for the purposes of paragraphs (c) and (d). The number may be a specified number or a number within a range of numbers:
                    1. prescribe, in relation to any specified class of goods sold, or offered or exposed for sale, or in a person's possession for sale, in a package or a lot of packages, any requirements on the goods' weight, measure, or number after the period specified in section 16A(4) has ended.

                      1. The Minister must not make a recommendation under subsection (1) without first consulting such individuals or organisations as the Minister thinks fit.

                      2. The validity of any regulations made under this section is not affected if the Minister does not consult a particular individual or organisation or does not consult any individuals or organisations.

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

                      Notes
                      • Section 41A: inserted, on , by section 10 of the Weights and Measures Amendment Act 2000 (2000 No 86).
                      • Section 41A(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).