v
19 December 2025
Ref: DOIA-REQ-0023581 and DOIA-REQ-0023578
Aidan Thornton
[FYI request #32760 email];
[email address]
Dear Aidan,
This response is further to the Ministry of Business, Innovation and Employment’s (MBIE’s) letter of 20
November 2025 notifying you that your requests (DOIA-REQ-0023581 and DOIA-REQ-0023578) had been
partially transferred to WorkSafe New Zealand (WorkSafe). A table indicating what parts of your requests
have been transferred for response from MBIE to WorkSafe is attached to this letter.
On 1 December 2025, the due date for response to the remaining questions of your requests was
extended under section 15A(1)(b) of the Official Information Act 1982 (the Act) to 19 December 2025.
The reason for the extension was that consultations necessary to make a decision on the request were
such that a proper response could not be made within the original time limit.
The information is being provided on the basis this is in relation to the regulatory change to allow a fuse,
independent circuit breaker or switch within a protective earth neutral (PEN) conductor, and not the
Standard AS/NZS 3000:2018 as a whole.
Question 1 of DOIA-REQ-0023581:
Please provide details of the management of change (or equivalent) procedure associated with this
regulatory change (al owing a fuse, independent circuit breaker or switch within the PEN conductor),
including requirements for:
o
initiation of the process
o
consultation with industry, the public, and other government entities
o
review (internal, peer, and expert)
o
other necessary steps.
Although it was previously indicated that the documents were held by both MBIE and WorkSafe, upon a
further search of our systems, all documents are in fact held solely by WorkSafe. Therefore, I am refusing
this part of your request under section 18(e) of the Act, as the documentation al eged to contain the
information requested does not exist or, despite reasonable efforts to locate it, cannot be found.
Labour, Science and Enterprise
15 Stout Street, PO Box 1473, Wel ington 6140 New Zealand
E [email address]
W www.mbie.govt.nz
Question 2 of DOIA-REQ-0023581:
Please provide al documentation associated with this regulatory change, including but not limited to the
above items.
The document table below provides details about the documents relevant to this part of your request.
Document table
#
Date
Description/Title
Decision/Withholding
grounds
1
25 June 2024 Email: Energy Safety Standards Update - standards
Released in full
tables and further information
1a
Attachment: Draft Excel document “Updated
Withheld in ful under
standards table as of 25 June 2024”
section 9(2)(f)(iv) of the Act.
The final version of this
document has been
incorporated into the
Cabinet policy paper
“Updating Energy Safety
Standards Citations in
Regulations “ which can be
accessed here:
Updating
Energy Safety Standards
Citations in Regulations
1b
Attachment: Draft Word document “Information
Withheld in ful under
about changes to standards as of 25 June 2025”
section 9(2)(f)(iv) of the Act.
The final version of this
document has been
incorporated into the
Cabinet policy paper
“Updating Energy Safety
Standards Citations in
Regulations “ which can be
accessed here
: Updating
Energy Safety Standards
Citations in Regulations
1c
Attachment: Email of 16 May 2024 NZ TBT Enquiry
Out of scope
Point – Engagement and obligations during the policy
process”
#
Date
Description/Title
Decision/Withholding
grounds
2
21 August
Email: MBIE Comments/Questions on WS proposed
Released in full
2024
changes to and modifications of standards citations
2a
Attachment: Draft Word document “Information
Withheld in ful under
about changes to standards as of 25 June 2025”
section 9(2)(f)(iv) of the Act.
The final version of this
document has been
incorporated into the
Cabinet policy paper
“Updating Energy Safety
Standards Citations in
Regulations “ which can be
accessed here:
Updating
Energy Safety Standards
Citations in Regulations
2b
Attachment: Excel document “Changes”
Some information is out of
scope
Copies of documents 1, 2 and 2b are released to you and enclosed with this response. Please note some
information in document 2b is out of scope of this request and has been removed.
I am withholding in full
draft documents 1a, 1b and 2a under section 9(2)(f)(iv) of the Act, to maintain the
constitutional conventions for the time being which protect the confidentiality of advice tendered by
Ministers of the Crown and officials. I do note that
final versions of these documents have been publicly
released, as noted in the table above.
I do not consider that the withholding of information under section 9 of the Act is outweighed by public
interest considerations in making the information available.
2.1 Question 1 of DOIA-REQ-0023578:
Traditional y, paper copies of critical documents like standards, procedures, and manuals would be
amended by providing replacement pages for a bound copy, or instructing the user to hand-write
modifications in the margins.
•
Given paper copies of standards are no longer commonplace, and al digital copies of the Standards
with ESAR “modifications” are:
o
Subject to copyright
o
Copy protected (cannot be readily annotated or marked up)
o
Available with official amendments pre-applied (e.g. AS/NZS 3000:2018+A3)
•
What is the plan to ensure copies of the Instal ation Standards with the ESAR 2025 “modifications”
pre-applied are readily available to Electrical Workers and other users, and/or al ow users to apply
these modifications themselves?
WorkSafe will work with Standards New Zealand to insert these changes into the substantive standard
through the normal standards amendment process, should it be suitable for inclusion.
Further information about this process is available in the proactively released Cabinet policy paper:
Updating Energy Safety Standards Citations in Regulations.
Additionally, Standards New Zealand can include a reference note at the beginning of a standard to
indicate relevant modifications arising from New Zealand regulations, and the relevant agency to seek
clarity from.
This note is only added if an appropriate authority, such as WorkSafe, requests it. You may wish to
contact WorkSafe directly to confirm whether it intends to request these modifications for this standard.
2.2 Question 2 of DOIA-REQ-0023578:
IANZ/NATA and equivalent accredited test houses are required to undertake product testing to the
product Standards as written.
•
What work has occurred with IANZ/NATA to ensure that the “modifications” to product standards
within ESAR 2025 will:
o
Be enforced when testing product intended for the New Zealand market
o
Be referred to on test certificates in a distinct manner from unmodified versions of the
standards
o
Not invalidate the testing for other jurisdictions using unmodified versions of the standards
o
Be compatible with the remainder of the Standard, without introducing contradictions or
unintended consequences.
Although it was previously indicated that the documents were held by both MBIE and WorkSafe, upon a
further search of our systems, all documents are in fact held solely by WorkSafe. Therefore, I am refusing
this part of your request under section 18(e) of the Act, as the documentation al eged to contain the
information requested does not exist or, despite reasonable efforts to locate it, cannot be found.
I trust you will find the above information useful.
If you wish to discuss any aspect of your request or this response, or if you require any further assistance,
please contac
t [email address].
You have the right to seek an investigation and review by the Ombudsman of this decision, in accordance
with section 28(3) of the Act. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely,
Hayden Fenwick
Manager Health and Safety Systems Policy
Labour, Science and Enterprise, MBIE
Official Information Request
In scope of MBIE response
In scope of WorkSafe response
MBIE ref. DOIA-REQ-0023581-Aidan Thornton/WorkSafe NZ ref. 251174
Question 1:
• initiation of the process
• initiation of the process
Please provide details of the management of change
• consultation with industry, the public, and other
• requirements analysis (ie justification for the
(or equivalent) procedure associated with this
government entities
proposed change)
regulatory change (al owing a fuse, independent circuit • review (internal, peer, and expert)
• consultation with industry, the public, and other
breaker or switch within the PEN conductor), including
• other necessary steps
government entities
requirements for:
o initiation of the process
• due diligence
o requirements analysis (ie justification for the
• review (internal, peer, and expert)
proposed change)
• detailed technical analysis
o consultation with industry, the public, and other
• risk/reward and benefit-to-cost-ratio analysis
government entities
• required signoffs or gating
o due diligence
• other necessary steps
o review (internal, peer, and expert)
o detailed technical analysis
o risk/reward and benefit-to-cost-ratio analysis
o required signoffs or gating
o other necessary steps
Question 2:
Please provide all documentation associated with this
Please provide all documentation associated with this
Please provide all documentation associated with this
regulatory change, including but not limited to the
regulatory change, including but not limited to the
regulatory change, including but not limited to the
above items.
above items.
above items.
Question 3:
Nil
During due diligence prior to the release of ESAR25,
• During due diligence prior to the release of
what overseas jurisdictions were identified that al ow
ESAR25, what overseas jurisdictions were
the instal ation of fuses, switches, disconnects, and/or
identified that al ow the installation of fuses,
circuit breakers within Consumer Mains Neutral,
Protective Earth Neutral, or Protective Earth
switches, disconnects, and/or circuit breakers
conductors of equivalent or similar systems of supply?
within Consumer Mains Neutral, Protective Earth
Neutral, or Protective Earth conductors of
equivalent or similar systems of supply?
DOIA-REQ-0023578-Aidan Thornton/ WorkSafe NZ ref. 251173
2.1 Question 1:
Traditionally, paper copies of critical documents like
Nil
standards, procedures, and manuals would be
Traditionally, paper copies of critical documents like
amended by providing replacement pages for a bound
standards, procedures, and manuals would be
Official Information Request
In scope of MBIE response
In scope of WorkSafe response
amended by providing replacement pages for a bound
copy, or instructing the user to hand-write modifications
copy, or instructing the user to hand-write modifications in the margins.
in the margins.
• Given paper copies of standards are no longer
• Given paper copies of standards are no longer
commonplace, and all digital copies of the
commonplace, and all digital copies of the
Standards with ESAR “modifications” are:
Standards with ESAR “modifications” are:
o Subject to copyright
o Subject to copyright
o Copy protected (cannot be readily annotated or
o Copy protected (cannot be readily annotated or
marked-up)
marked-up)
o Available with official amendments pre-applied
o Available with official amendments pre-applied
(e.g. AS/NZS 3000:2018+A3)
(e.g. AS/NZS 3000:2018+A3)
• What is the plan to ensure copies of the Instal ation
• What is the plan to ensure copies of the Instal ation
Standards with the ESAR 2025 “modifications” pre-
Standards with the ESAR 2025 “modifications” pre-
applied are readily available to Electrical Workers
applied are readily available to Electrical Workers
and other users, and/or al ow users to apply these
and other users, and/or al ow users to apply these
modifications themselves?
modifications themselves?
2.2 Question 2:
IANZ/NATA and equivalent accredited test houses are IANZ/NATA and equivalent accredited test houses are
required to undertake product testing to the product
required to undertake product testing to the product
IANZ/NATA and equivalent accredited test houses are Standards as written.
Standards as written.
required to undertake product testing to the product
• What work has occurred with IANZ/NATA to
• What work has occurred with IANZ/NATA to
Standards as written.
ensure that the “modifications” to product
ensure that the “modifications” to product
• What work has occurred with IANZ/NATA to
standards within ESAR 2025 wil :
standards within ESAR 2025 wil :
ensure that the “modifications” to product
o Be enforced when testing product intended for
o Be enforced when testing product intended for
standards within ESAR 2025 wil :
the New Zealand market
the New Zealand market
o Be enforced when testing product intended for
o Be referred to on test certificates in a distinct
o Be referred to on test certificates in a distinct
the New Zealand market
manner from unmodified versions of the
manner from unmodified versions of the
o Be referred to on test certificates in a distinct
standards
standards
manner from unmodified versions of the
o Not invalidate the testing for other jurisdictions
o Not invalidate the testing for other jurisdictions
standards
using unmodified versions of the standards
using unmodified versions of the standards
o Not invalidate the testing for other jurisdictions
o Be compatible with the remainder of the
o Be compatible with the remainder of the
using unmodified versions of the standards
Standard, without introducing contradictions or
Standard, without introducing contradictions or
o Be compatible with the remainder of the
unintended consequences
unintended consequences
Standard, without introducing contradictions or
unintended consequences
Official Information Request
In scope of MBIE response
In scope of WorkSafe response
2.3 Question 3:
Given New Zealand is a small place that is subject to
the same physics and international standards
availability as the rest of the world, what is the basis for
Given New Zealand is a small place that is subject to
requiring bespoke New Zealand specific standards and
the same physics and international standards
rules?
availability as the rest of the world, what is the basis for
•
requiring bespoke New Zealand specific standards and
Please provide any available analysis of the cost
rules?
effectiveness and/or benefits of these bespoke
• Please provide any available analysis of the cost
requirements, particularly regarding concerns that
effectiveness and/or benefits of these bespoke
it could:
requirements, particularly regarding concerns that
o Unnecessarily result in "New Zealand only” or
it could:
“not for New Zealand” equipment that
o Unnecessarily result in "New Zealand only” or
increases cost and diminishes choice for New
“not for New Zealand” equipment that
Zealanders
increases cost and diminishes choice for New
o Cause test certificates issued by New Zealand
Zealanders
providers to not be accepted in other
o Cause test certificates issued by New Zealand
jurisdictions
providers to not be accepted in other
o Require expensive and unnecessary double-
jurisdictions
testing
o Require expensive and unnecessary double-
testing
2.4 Question 4:
Nil.
• Given the choice to regulate prescribed electrical
work and electrical products using Standards as a
vehicle rather than using secondary legislation
• Given the choice to regulate prescribed electrical
work and electrical products using Standards as a
directly (e.g. ECPs and SWIs), why was the
vehicle rather than using secondary legislation
Standards development process insufficient to
directly (e.g. ECPs and SWIs), why was the
ensure the Standards were suitable without further
Standards development process insufficient to
modification?
ensure the Standards were suitable without further
modification?
