Gas (Safety and Measurement) Regulations 2010

75 Responsibilities of persons hiring or leasing out gas appliances, fittings, or gas installations or property or premises containing them

(1)

Every person who hires or leases out, or who offers to hire or lease out, any gas appliance, fittings, or gas installation or any property or premises containing a gas appliance, fittings, or gas installation must ensure, so far as is reasonably practicable,—

(a)

that before hiring, leasing, or offering to hire or lease, the gas appliance, fittings, or gas installation is safe; and

(b)

that the gas appliance, fittings, or gas installation is accompanied by instructions for its safe use, including information on any maintenance or ongoing safety inspections that are required.

(2)

For the purpose of subclause (1)(a),—

(a)

a gas appliance, fittings, or gas installation is deemed safe for the purposes of hire or lease at the commencement of its hire or lease if it is assessed as not unsafe under NZS 5256:

(b)

a gas appliance, fittings, or gas installation contained in property or premises for hire or lease is deemed safe for the purposes of hire or lease at the commencement of the hire or lease if it is assessed as not unsafe under NZS 5255.

(3)

Every person commits an offence and is liable on conviction to a level 2 penalty who hires or leases out, or offers to hire or lease out, any gas appliance, fittings, or gas installation or premises or property containing a gas appliance, fittings, or gas installation knowing that this regulation has not been complied with, or being reckless as to that matter.

(4)

This regulation does not apply to the hiring or leasing out by a landlord of residential premises containing a gas appliance, fittings, or gas installation.

Regulation 75: replaced, on 31 July 2014, by regulation 25 of the Gas (Safety and Measurement) Amendment Regulations 2014 (LI 2014/205).

Regulation 75(1): replaced, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).