Regulations
1 Title
These regulations are the Petroleum Products Specifications Regulations 2002.
2 Commencement
These regulations come into force on 1 September 2002.
3 Interpretation
(1) In these regulations, unless the context otherwise requires, ---
additive means a substance added to fuel in trace or small quantities in order to bring about specific benefits
Auckland and Northland means the area contained within the Auckland Regional Council and Northland Regional Council boundaries
chief executive means the chief executive of the Ministry of Economic Development
diesel means a refined petroleum distillate having a viscosity and distillation range that is intermediate between those of kerosene and light lubricating oil, whether or not it contains additives, and that is intended for use as fuel in internal combustion engines ignited by compression
fuel means diesel or petrol
marine use means the use or intended use of diesel on a boat or ship
oxygenates means alcohols and ethers added to fuel
petrol means a refined petroleum distillate, normally boiling within the limits of 15°C to 220°C, whether or not it contains additives, that is intended for use as a fuel in spark-ignition internal combustion engines
petroleum has the same meaning as it has in section 2(1) of the Crown Minerals Act 1991
polycyclic aromatic hydrocarbon means the total aromatic hydrocarbon content less the mono-aromatic content, both as determined by the regulatory test method
pool average is determined in accordance with regulation 7
premium grade petrol means petrol supplied as having a research octane number of 95 or higher
regular grade petrol means petrol supplied as having a research octane number of at least 91 but less than 95
retail sale means a sale to an end user who has no written supply agreement or written contract with the supplier in respect of the sale.
(2) In these regulations, ---
ASTM means the American Society for Testing and Materials
BS means British Standard
EN means European Standard
IP means the Institute of Petroleum, London
ISO means the International Organization for Standardization.
(3) In these regulations, the letter D and a series of numerals, or a series of numerals immediately following an expression referred to in subclause (2), means the latest version of the document identified by that serial number.
(4) If a test method prescribed in these regulations provides for alternative methods, each of the alternative methods has equal standing, and either of those methods may be used.
4 Requirements Relating to Fuel Sold by Retail
(1) Subclauses (2) to (6) apply to all petrol and diesel supplied, or available or intended for supply, by way of retail sale, other than---
(a) as an aviation fuel; or
(b) for motor car racing; or
(c) for powerboat racing and jet boats; or
(d) for motorcycle racing.
(2) Regular grade petrol must be fit for common purposes and must have properties that conform to the limits specified in Schedule 1 from the relevant date set out in that schedule when tested by the methods specified in that schedule.
(3) Premium grade petrol must be fit for common purposes and must have properties that conform to the limits specified in Schedule 2 from the relevant date set out in that schedule when tested by the methods specified in that schedule.
(4) If petrol contains ethanol greater than 1% by volume, the seller of the petrol must provide or display information to consumers on the possible vehicle maintenance requirements that may result from using ethanol blends.
(5) Diesel must be fit for common purposes and must have properties that conform to the limits specified in Schedule 3 from the relevant date set out in that schedule when tested by the methods specified in that schedule.
(6) Fuel that is advertised as having properties that are superior or in addition to the regulated limits must conform to those advertised properties when tested by the methods specified in the Schedules or, in the case of an additional property, by a suitable and recognised international method.
5 Requirements Relating to Retail Fuel Pumps
(1) Subclauses (2) and (3) apply to a dispensing pump or container used for delivering fuel by way of retail sale either into the consuming vehicle or into a container for subsequent use in an engine for any end use other than ---
(a) as an aviation fuel; or
(b) for motor car racing; or
(c) for powerboat racing and jet boats; or
(d) for motorcycle racing.
(2) For petrol, the seller of the petrol must ensure that the dispensing pump or container is clearly marked with the grade designation, such as regular or premium, and with the minimum research octane number. If petrol is blended with ethanol, the seller of the petrol must ensure that the dispensing pump or container displays the words "contains ethanol".
(3) For diesel, the dispensing pump or container must be clearly marked as "diesel".
(4) In this regulation, clearly marked means having a label that is able to be easily seen by the person dispensing the fuel.
6 Requirements Relating to All Fuel
(1) Subclauses (2) to (4) apply to all fuel supplied or available or intended for supply (whether by way of retail sale or otherwise) for any end use other than---
(a) as an aviation fuel; or
(b) for motor car racing; or
(c) for powerboat racing and jet boats; or
(d) for motorcycle racing.
(2) Regular grade petrol must have properties in respect of sulphur, lead, benzene, total aromatic compounds, manganese, olefins, vapour pressure, phosphorus, and total oxygenates except ethanol that conform to the limits specified in Schedule 1 from the relevant date set out in that schedule when tested by the methods specified in that schedule.
(3) Premium grade petrol must have properties in respect of sulphur, lead, benzene, total aromatic compounds, manganese, olefins, vapour pressure, phosphorus, and total oxygenates except ethanol that conform to the limits specified in Schedule 2 from the relevant date set out in that schedule when tested by the methods specified in that schedule.
(4) Diesel must have properties in respect of sulphur and polycyclic aromatic hydrocarbon compounds that conform to the limits specified in Schedule 3 from the relevant date set out in that schedule when tested by the methods specified in that schedule.
7 Calculating Pool Average
(1) In Schedule 1, Schedule 2, and Schedule 3, if a pool average is specified, it must be determined as set out in subclauses (2) to (11).
(2) Pool averages must be calculated separately by each producer of fuel in New Zealand and by each fuel importer for imported product.
(3) Monthly pool averages must be calculated based on ---
(a) batch fuel quality, as indicated on the certificate of quality, and quantity and date of completion of loading, as indicated on the bill of lading, for fuel produced in New Zealand; and
(b) batch fuel quality, as indicated on the certificate of quality, and supplied quantity and date of completion of discharge into the first port storage at a New Zealand port, as indicated on the bill of lading or other appropriate documentation, for imported fuel.
(4) Each producer of fuel in New Zealand and each fuel importer must keep for a period of not less than 3 years the following records with regard to properties that are regulated by pool averaging:
(a) relevant fuel quality, for each individual batch; and
(b) quantity of each individual batch, on a mass or volume basis as appropriate; and
(c) date of the batch, as defined in subclause (3)(a) and (b); and
(d) monthly average, as calculated in subclauses (6)(a) and (b) and (7)(a) and (b); and
(e) monthly journal entry, as calculated in subclauses (6)(c) and (7)(c).
(5) Each producer of fuel and each fuel importer must supply access in New Zealand to the records required to be kept under subclause (4) when requested, in writing, to do so by the responsible Minister of the Crown.
(6) For diesel sulphur, for each calendar month during the period this regulation is in effect, each producer of fuel in New Zealand and each fuel importer must separately calculate for each region (set out in Schedule 3) the average sulphur content of diesel produced or imported in that month as follows:
(a) for each batch of diesel respectively produced or imported in the month, the average sulphur content of the batch (in mg/kg) is multiplied by the mass of the batch (in kg) to obtain the mass of sulphur (in mg) contained in the batch; and
(b) the mass of sulphur calculated from all diesel batches produced or imported in a month is added together and the total divided by the total mass of all the month's batches to produce the monthly average sulphur content (in mg/kg) as follows:
Monthly average = 
where---
Si is the average sulphur content for batch i in mg/kg
Mi is the mass of batch i in kg
n is the total number of batches in the month; and
(c) the monthly average sulphur content is subtracted from the pool average maximum and the difference multiplied by the total mass of all the month's batches to produce the monthly journal entry as follows:
monthly journal entry = (pool average maximum - monthly average) 
where---
Mi is the mass of batch i in kg
n is the total number of batches in the month; and
(7) For total aromatic compounds in petrol, for each calendar month during the period that this regulation is in effect, each producer of fuel in New Zealand and each fuel importer must separately calculate the average percentage total aromatic compounds for each relevant grade of petrol produced or imported in that month as follows:
(a) for each batch of regular grade petrol and each batch of premium grade petrol respectively produced or imported in the month, the average total aromatic compounds content of the batch (in l/l) is multiplied by the volume of the batch (in l) to obtain the volume of total aromatic compounds (in l) contained in the batch; and
(b) the volume of total aromatic compounds calculated from all petrol batches of the relevant grade produced or imported in a month is added together and the total divided by the total volume of all the month's batches to produce the monthly average total aromatic compounds content (in l/l) as follows:
monthly average = 
where---
Ai is the average total aromatic compounds content for batch i in litres
Vi is the volume of batch i in litres
n is the total number of batches in the month; and
(c) the monthly average total aromatics compounds content is subtracted from the pool average maximum expressed in l/l, and the difference multiplied by the total volume of all the month's batches of the relevant grade to produce the monthly journal entry as follows:
monthly journal entry = (pool average maximum - monthly average) 
where---
Vi is the volume of batch i in litres
n is the total number of batches in the month; and
(8) If the monthly journal entry is negative, it is considered a debit. If the monthly journal entry is positive, it is considered a credit.
(9) Debits must be offset with an equal number of credits within 5 months following the end of the month in which the debits were accumulated.
(10) Credits may be used within 5 months following the end of the month in which the credits were accumulated to offset future debits. Credits expire and may not be used after this time period.
(11) For diesel sulphur content, all debits must be offset with an equal number of credits by 31 December 2005.
8 Sampling of Fuel
(1) The procedure for obtaining a representative sample of fuel for testing by the test methods set out in these regulations is set out in BS EN 228 and BS EN 590.
(2) In the event of a dispute as to the appropriate value, nature, or rating of any of the properties listed in the Schedules or referred to in these regulations, the relevant procedures specified in ISO 4259 must be used to interpret the laboratory results.
(3) An alternative test method to any of those specified in Schedule 1, Schedule 2, and Schedule 3 may be agreed by the chief executive if a request is made in writing from a fuel importer or wholesale supplier or retailer of fuel and if the chief executive is satisfied that the alternative test method is at least as good as the test method specified in Schedules 1, 2, or 3.
(4) The fuel importer or wholesale supplier of any fuel to which these regulations apply must, at the request of a person authorised in writing by the chief executive, supply the authorised person with a certificate describing the properties and value of any such fuel.
9 Accreditation
A person authorised by the chief executive to take samples or to conduct testing of fuel for compliance with these regulations must, unless the person is an employee of the Ministry of Economic Development, be ISO 9001 certified for fuel sampling or testing, or be accredited by International Accreditation New Zealand or by an overseas accreditation agency recognised under New Zealand's mutual recognition arrangements.
10 Withdrawal of Fuel from Sale
If the Minister is satisfied that the properties of any fuel to which these regulations apply do not comply with the relevant provisions of these regulations, the Minister may, by written notice given to any distributor of the fuel, require the distributor to---
(a) withdraw the fuel from retail sale or cease making it available for retail sale; or
(b) withdraw the fuel from availability, or cease making it available, for any end use, other than use as an aviation fuel.
11 Offences
A person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 who---
(a) supplies, or makes available for supply, any fuel other than in accordance with regulations 4 to 7; or
(b) fails to comply with a request made under regulation 9; or
(c) fails to comply with a requirement made under regulation 11.
12 Revocation
The Petroleum Products Specifications Regulations 1998 (SR 1998/267) are consequentially revoked.
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