(1) These regulations prescribe different specifications for certain types of engine fuel that is supplied, or available or intended for supply, depending on—

• (a) the type of engine fuel; and

• (b) whether the supply is by way of retail sale or not.

(2) These regulations also contain general provisions relating to matters such as labelling, sampling, and offences.

(3) This regulation is only a guide to the general scheme and effect of these regulations.

These regulations apply to all petrol, diesel, biodiesel, and ethanol, and blends of these, that are supplied, or available or intended for supply, for use in an internal combustion engine, other than—

• (a) as an aviation fuel; or

• (b) for motor car racing or motorcycle racing; or

• (c) for powerboat racing; or

• (d) as a fuel for jet boats.

(1) In these regulations, unless the context otherwise requires,—

(2) In these regulations, a reference to a test method with an acronym listed in the left-hand column in the following table means a standard, or a test method related to an organisation, that is listed in the right-hand column of that table:

(3) In these regulations, the letter D and a series of numerals, or a series of numerals immediately following a test method 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 any of those methods may be used.

This Part applies to all engine fuel referred to in regulation 4 that is supplied, or available or intended for supply, by way of retail sale.

Petrol must—

• (a) be fit for common purposes; and

• (b) have properties that conform to the limits specified in Schedule 1 when tested by the methods specified in that schedule.

The ethanol component of any blend of petrol and ethanol must—

• (a) contain denaturant, which must be unleaded petrol with the following characteristics:

  • (i) end point as required by Schedule 1; and

  • (ii) sulphur as required by Schedule 1; and

  • (iii) appearance as required by Schedule 4; and

• (b) contain a corrosion inhibitor; and

• (c) have properties that conform to the limits specified in Schedule 4 when tested by the methods specified in that schedule.

Diesel must—

• (a) be fit for common purposes; and

• (b) have properties that conform to the limits specified in Schedule 2 when tested by the methods specified in that schedule.

The biodiesel component of any blend of diesel and biodiesel must have properties that conform to the limits specified in Schedule 3 when tested by the methods specified in that schedule except that—

• (a) the maximum viscosity at 40ºC is 6.0 mm² per second; and

• (b) the minimum cetane number is 47; and

• (c) the minimum oxidation stability is 10.0 hours.

Engine 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 test methods specified in the schedules or, in the case of an additional property, by a suitable and recognised international method.

This Part applies to all engine fuel referred to in regulation 4 that is supplied, or available or intended for supply, by way of non-retail sale.

Petrol must have properties in respect of vapour pressure, sulphur, lead, benzene, total aromatic compounds, other oxygenates, olefins, manganese, and phosphorus that conform to the limits specified in Schedule 1 when tested by the methods specified in that schedule.

(1) The petrol component of any blend of petrol and ethanol must conform with the requirements in regulation 13.

(2) The ethanol component of any blend of petrol and ethanol must—

• (a) contain denaturant, which must be unleaded petrol with the following characteristics:

  • (i) end point as required by Schedule 1; and

  • (ii) sulphur as required by Schedule 1; and

  • (iii) appearance as required by Schedule 4; and

• (b) contain a corrosion inhibitor; and

• (c) have properties that conform to the limits specified in Schedule 4 when tested by the methods specified in that schedule.

Diesel must have properties in respect of sulphur and polycyclic aromatic hydrocarbon compounds that conform to the limits specified in Schedule 2 when tested by the methods specified in that schedule.

Biodiesel must have properties that conform to the limits specified in Schedule 3 when tested by the methods specified in that schedule.

(1) The diesel component of any blend of diesel and biodiesel must conform with the requirements in regulation 15.

(2) The biodiesel component of any blend of diesel and biodiesel must have properties that conform to the limits specified in Schedule 3 when tested by the methods specified in that schedule except that—

• (a) the maximum viscosity at 40ºC is 6.0 mm² per second; and

• (b) the minimum cetane number is 47.

(3) Any blend of diesel and biodiesel must—

• (a) have properties in respect of cetane number, total contamination, colour, sulphur, lubricity, viscosity, and flash point 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; and

• (b) have an acid value maximum of 0.1 + X%/250 mg KOH/g when measured by ASTM D664 (where X is the percentage by volume of biodiesel in the blend); and

• (c) have a water content maximum of 200 + 3X% mg/kg when measured by IP 438 (where X is the percentage by volume of biodiesel in the blend).

(1) Subclauses (2) to (4) apply to a dispensing pump or container used for delivering engine fuel by way of retail sale either into the consuming vehicle or into a container for subsequent use in an engine.

(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.

(3) If petrol contains ethanol greater than 1% by volume, the seller of the petrol must ensure that the dispensing pump or container is clearly marked to display—

• (a) the maximum percentage by volume of ethanol; and

• (b) the words “May not be suitable for all vehicles/engines. Check with the manufacturer before use.”

(4) For diesel, the dispensing pump or container must be clearly marked as “diesel”.

(5) In this regulation, clearly marked means having a label that is able to be easily seen by the person dispensing the engine fuel.

(1) In Schedule 1, if a pool average is specified, it must be determined as set out in this regulation.

(2) Pool averages must be calculated separately by each producer of engine fuel in New Zealand and by each engine 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 engine 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 engine fuel.

(4) Each producer of engine fuel in New Zealand and each engine fuel importer must keep, for a period of not less than 3 years, records of the following with regard to properties that are regulated by pool averaging:

• (a) the relevant fuel quality, for each individual batch; and

• (b) the quantity of each individual batch, on a mass or volume basis as appropriate; and

• (c) the date of the batch, as defined in subclause (3)(a) and (b); and

• (d) the monthly average, as calculated in subclause (6)(a) and (b); and

• (e) the monthly journal entry, as calculated in subclause (6)(c).

(5) Each producer of engine fuel and each engine 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 total aromatic compounds in petrol, for each calendar month during the period that this regulation is in effect, each producer of engine fuel in New Zealand and each engine fuel importer must separately calculate the average percentage of 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 litres per litre) is multiplied by the volume of the batch (in litres) to obtain the volume of total aromatic compounds (in litres) 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 litres per litre) as follows:

  		n Σ(Ai × Vi) i = 1
  monthly average =		n Σ(Vi) i = 1

  where—

  A_i

  is the average total aromatic compounds content for batch i in litres

  V_i

  is the volume of batch i in litres

  n

  is the total number of batches in the month; and

• (c) the monthly average total aromatic compounds content is subtracted from the pool average maximum expressed in litres per litre, 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)

  ×

  n Σ(Vi) i = 1

  where—

  V_i

  is the volume of batch i in litres

  n

  is the total number of batches in the month.

(7) If the monthly journal entry is negative, it is considered a debit. If the monthly journal entry is positive, it is considered a credit.

(8) 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.

(9) 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.

(1) The procedure for obtaining a representative sample of engine fuel for testing by the test methods set out in these regulations is set out in BS EN 228:2004 and BS EN 590:2004.

(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 4259:2006 must be used to interpret the laboratory results.

(3) Any of the following persons may, in writing, request the Secretary to agree to the use of an alternative test method to any of those specified in the schedules:

• (a) an engine fuel importer; or

• (b) a wholesale supplier or retailer of engine fuel; or

• (c) a producer of engine fuel.

(4) The Secretary may agree to such a request if satisfied that the alternative test method is at least as good as the test method specified in the schedules.

(5) Any of the following persons must, if a person authorised in writing by the Secretary so requests, supply the authorised person with a certificate describing the properties and value of any such engine fuel (including, if asked, the properties and value of any blend of fuel or any blending component in a blended fuel or any additive) within 5 working days of receiving the request:

• (a) an engine fuel importer; or

• (b) a wholesale supplier or retailer of engine fuel; or

• (c) a producer of engine fuel.

A person authorised by the Secretary to take samples or to conduct testing of engine fuel for compliance with these regulations must, unless the person is an employee of the Ministry of Economic Development, be ISO 9001:2000 certified for engine 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.

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 engine fuel other than in accordance with regulations 7 to 19; or

• (b) fails to comply with a request made under regulation 20(5).

The Petroleum Products Specifications Regulations 2002 (SR 2002/210) are consequentially revoked.