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Guidance for sellers of gas appliances on Trade Me including

Every seller of a gas appliance, new or second hand must comply with Gas (Safety and Measurement) Regulations 2010

10 February 2021

The Gas (Safety and Measurement) Regulations 2010 were developed to ensure gas appliances sold to consumers are safe to use.

Every Trade Me member who offers for sale gas appliances or fittings must ensure their products comply with these regulations.

This applies for both new and used goods.

The Energy Safety website has full details on how to comply and we strongly recommend you check out what they have to say.

Here’s some quick points that you need to think about before offering gas appliances and fittings for sale.

What are the actual requirements?

The regulations state that anyone who sells or offers to sell a gas appliance (new or used) must take “all practicable steps” to ensure that it is safe.

You cannot contract out of this requirement with an “as is” clause.

Obligations of importers or NZ manufacturers

Since 2002 any person who imports or manufactures a gas appliance and then sells or offers it for sale has been required to make a Supplier Declaration of Compliance (SDoC) first.

This is usually done by registering with Energy Safety and uploading the SDoC on Energy Safety’s Gas Appliance Supplier Database.

This requirement has been enhanced with the 2010 regulations with a requirement for a Gas Safety Compliance Label (pictured above). This label shows the appliance meets the requirements.

From 1 July 2013 all gas appliances imported or manufactured in NZ should have this mark.

So what do I have to do as a seller?

If you are the importer or NZ manufacturer of the appliance then you must register with Energy Safety and complete an SDoC.

If you are 'retailing' the appliance you are 'in trade' must take all practicable steps to ensure that it is safe.

Trade Me considers that ensuring that the appliance has an SDoC and/or a Safety Compliance Label is a simple practicable step all members should complete.

It's important to be aware that second hand appliances may deteriorate with use.

Regardless of any documentation such as SDoCs, members must ensure the appliance is functioning safely prior to offering for sale.

Who will check the documentation?

The Ministry of Business, Innovation and Employment’s Energy Safety team may ask for your compliance documentation at any time.

They regularly audit Trade Me members and do just that.

You must supply it within 10 working days or you risk a $3,000 fine for a company, or a $1,000 fine if you are an individual. Energy Safety is not shy about fining Trade Me members either.

Trade Me requires you to supply the documentation within 24 hours if requested by our staff via our Proof of Product Safety system.

Members that fail to supply correct documentation to either Energy Safety or Trade Me risk a suspension or closure of their membership and at the very least, the removal of their listings.

Caravans usually have gas appliances in them!

Many caravans have gas cookers and other gas appliances installed and are thus subject to the Regulations and are required to be declared to the Gas Appliance Database and have the appropriate documentation.

If you are importing a caravan you are deemed an ‘importer’ and you must make the declaration before listing the unit on Trade Me.

Work Safe have produced a guide on the requirements for caravans and motor homes.

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Trade Me are not the experts here so if you have any questions, we recommend you check out the Energy Safety website – it’s a great resource.