Approval for alternative test methods
Guidance for getting approval under the Engine Fuel Specifications Regulations to use alternative test methods from those specified in the Schedules to the Regulations.
The Engine Fuel Specifications Regulations allow the Chief Executive of the Ministry of Business, Innovation and Employment (‘the Secretary’) to approve alternative test methods to those set out in the Schedules of the Regulations.
The relevant provisions are:
- 20(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.
- 20(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.
Engine Fuel Specifications Regulations 2011 — Regulation 20(external link)
Persons who can request approval of an alternative test method are:
- those listed in clause 20(3)(a) to (c) above, and
- an agent acting under authority of one of those persons.
Any request for the Secretary’s approval of an alternative test method must:
- Be in writing.
- Clearly identify the person or persons seeking the approval.
- Identify the reason for the proposed alternative method or variation to current test method.
- Fully describe the proposed alternative test method or identify variation to current test method.
- Provide evidence that the alternative test method is at least as good as the current test method. This should be supported by test data and expert opinion where possible.
Send requests to:
The Chief Executive Officer
Ministry of Business Innovation and Employment
C/O: Manager, Trading Standards
PO Box 1473
Pursuant to clause 20(4), the Secretary will only agree to the use of an alternative test method if they're satisfied that the alternative test method is at least as good as the test method specified in the Schedules.
The Secretary may seek advice from fuel industry stakeholders or experts before making a decision regarding an alternative test method.
If an alternative test method is approved, the specifics of the method will be made available to any interested party — including other importers, wholesale suppliers, retailers or producers of engine fuel. This means that any person who makes a request acknowledges and accepts that the information contained in their request will be made publicly available. If you want information you provide to be treated as confidential, clearly identify the material and explain why you believe the information should be withheld under the provisions of the Official Information Act.
Subsequent approval requests
If an alternative test method has already been approved by the Secretary, each subsequent request of the same test method in respect of the same parameter for which the approval was granted may incorporate or refer to evidence employed by previous requests.
This information is not a substitute for legal advice, and should be used as guidance only.