v
20 November 2025
Ref: DOIA-REQ-0023581 and DOIA-REQ-0023578
Aidan Thornton
[email address];
[FYI request #32762 email]
Dear Aidan,
Thank you for your two emails of 6 November 2025 to the Ministry of Business, Innovation and
Employment (MBIE) requesting, under the Official Information Act 1982 (the Act), the following
information:
DOIA-REQ-0023581:
MBIE is both the administrator for the Electricity (Safety) Regulations and contains Standards New
Zealand
The Electricity (Safety) Amendment Regulations 2025 (ESAR25) were published 13 October 2025 and
the amendments come into effect 13 November 2025.
Note: being an imminent public safety issue an accelerated processing time is requested.
Issue: PEN Conductor Protections Removed
ESAR25 r12 amends Schedule 2 of the Electricity (Safety) Regulations 2010 (ESR).
ESR Schedule 2 is amended to cite AS/NZS 3000:2018 (…Wiring Rules) subject multiple modifications.
The issue raised here is the deletion of clauses 2.3.2.1.2 (b) & (c) from the Wiring Rules.
AS/NZS 3000:2018 clauses 2.3.2.1.2 (b) & (c) provide the only prohibitions preventing the extremely
unsafe action that is the installation of switches, fuses or circuit breakers within an installation’s
Protective Earth Neutral (PEN) conductor.
In the Multiple-Earthed Neutral system used by New Zealand, the neutral conductor of consumer
mains is a PEN conductor.
Important note: the presence of fuses or independent switches/breakers in a PEN conductor can
render the installation lethal under normal operating conditions (even with no faults present).
Question 1:
Please provide details of the management of change (or equivalent) procedure associated with this
regulatory change (allowing a fuse, independent circuit breaker or switch within the PEN conductor),
including requirements for:
• initiation of the process
• requirements analysis (ie justification for the proposed change)
Labour, Science and Enterprise
15 Stout Street, PO Box 1473, Wel ington 6140 New Zealand
E [email address]
W www.mbie.govt.nz
• consultation with industry, the public, and other government entities
• due diligence
• review (internal, peer, and expert)
• detailed technical analysis
• risk/reward and benefit-to-cost-ratio analysis
• required signoffs or gating
• other necessary steps
Question 2:
Please provide all documentation associated with this regulatory change, including but not limited to
the above items.
Question 3:
During due diligence prior to the release of ESAR25, what overseas jurisdictions were identified that
allow the installation of fuses, switches, disconnects, and/or circuit breakers within Consumer Mains
Neutral, Protective Earth Neutral, or Protective Earth conductors of equivalent or similar systems of
supply?
and
DOIA-REQ-0023578:
The Electricity (Safety) Amendment Regulations 2025 (ESAR25) were published 13 October 2025
and the amendments come into effect 13 November 2025.
1.1 “Standards” have been modified by ESAR 2025 Schedule 2
In addition to long-overdue citing of Standards, the two schedules apply “modifications” to
approximately eight installation and product standards via deletions and/or insertions of specific
clauses. These include both major installation standards referred to by electrical workers such as
AS/NZS 3000, and product standards such as AS/NZS 3112.
2 Questions
2.1 Question 1:
Traditionally, 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 all digital copies of the
Standards with ESAR “modifications” are:
• Subject to copyright
• Copy protected (cannot be readily annotated or marked-up)
• Available with official amendments pre-applied (e.g. AS/NZS 3000:2018+A3)
What is the plan to ensure copies of the Installation Standards with the ESAR 2025
“modifications” pre-applied are readily available to Electrical Workers and other users, and/or
allow users to apply these modifications themselves?
2.2 Question 2:
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:
• Be enforced when testing product intended for the New Zealand market
• Be referred to on test certificates in a distinct manner from unmodified versions of the
standards
• Not invalidate the testing for other jurisdictions using unmodified versions of the standards
• Be compatible with the remainder of the Standard, without introducing contradictions or
unintended consequences
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 requiring bespoke New Zealand specific
standards and rules?
Please provide any available analysis of the cost effectiveness and/or benefits of these bespoke
requirements, particularly regarding concerns that it could:
• Unnecessarily result in "New Zealand only” or “not for New Zealand” equipment that
increases cost and diminishes choice for New Zealanders
• Cause test certificates issued by New Zealand providers to not be accepted in other
jurisdictions
• Require expensive and unnecessary double-testing
2.4 Question 4:
Given the choice to regulate prescribed electrical work and electrical products using Standards as
a vehicle rather than using secondary legislation directly (e.g. ECPs and SWIs), why was the
Standards development process insufficient to ensure the Standards were suitable without further
modification?
This letter is to notify you that MBIE has transferred some parts of your requests to WorkSafe New
Zealand as the information that you requested is not held by MBIE but is held by WorkSafe New Zealand.
In these circumstances, we are required by section 14(b)(i) of the Act to transfer your requests.
A table indicating what parts of your requests have been transferred for response from MBIE to WorkSafe
New Zealand is attached to this letter. These parts are highlighted in yellow. Please note that some parts
of your requests require response from both MBIE and WorkSafe New Zealand. These parts are
highlighted in green.
Please note that according to sections 14 and 15(1) of the Official Information Act, the 20-working day
response period is reset by the transfer and starts again on the day WorkSafe New Zealand receives the
transfer notification. MBIE notified WorkSafe New Zealand of the partial transfer today.
You will hear further from WorkSafe New Zealand regarding these parts of your requests, and they can be
contacted throu
gh [email address].
MBIE will provide a combined response to the rest of your questions in these two requests by 4 December
2025 in accordance with our obligations under the Act.
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
DOIA-REQ-0023581 & DOIA-REQ-0023578 - Aidan Thornton - Partial transfer and response plan:
Actions for
Actions for
MBIE
WorkSafe
MBIE ref. DOIA-REQ-0023581-Aidan Thornton/WorkSafe NZ ref.
251174
• Question 1:
Green – both
Yellow
Please provide details of the management of change (or equivalent)
MBIE and
highlight –
procedure associated with this regulatory change (allowing a fuse,
WorkSafe to
transfer to
independent circuit breaker or switch within the PEN conductor),
reply
WorkSafe .
including requirements for:
(separately)
Green for
o initiation of the process
WorkSafe to
o requirements analysis (ie justification for the proposed
reply as well
change)
o consultation with industry, the public, and other
government entities
o due diligence
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:
For both MBIE
Transfer to
Please provide all documentation associated with this regulatory
an WorkSafe
WorkSafe to
change, including but not limited to the above items.
reply as well
• Question 3:
None
Transfer to
• During due diligence prior to the release of ESAR25, what
WorkSafe
overseas jurisdictions were identified that allow the installation
of fuses, switches, disconnects, and/or circuit breakers 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:
For MBIE to
None
Traditionally, paper copies of critical documents like standards,
reply
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 all digital copies of the Standards with ESAR “modifications”
are:
o Subject to copyright
Actions for
Actions for
MBIE
WorkSafe
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 Installation Standards
with the ESAR 2025 “modifications” pre-applied are readily
available to Electrical Workers and other users, and/or allow
users to apply these modifications themselves?
• 2.2 Question 2:
MBIE may
Transfer to
IANZ/NATA and equivalent accredited test houses are required to
have some
WorkSafe
undertake product testing to the product Standards as written.
records of this
• What work has occurred with IANZ/NATA to ensure that the
but will likely
“modifications” to product standards within ESAR 2025 will:
sit with
WorkSafe.
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
• 2.3 Question 3:
This is for
Given New Zealand is a small place that is subject to the same
WorkSafe
physics and international standards availability as the rest of the
world, what is the basis for requiring bespoke New Zealand specific
standards and rules?
• Please provide any available analysis of the cost effectiveness
and/or benefits of these bespoke requirements, particularly
regarding concerns that it could:
o Unnecessarily result in "New Zealand only” or “not for New
Zealand” equipment that increases cost and diminishes
choice for New Zealanders
o Cause test certificates issued by New Zealand providers to
not be accepted in other jurisdictions
o Require expensive and unnecessary double-testing
• 2.4 Question 4:
This is for
• Given the choice to regulate prescribed electrical work and
WorkSafe
electrical products using Standards as a vehicle rather than
using secondary legislation directly (e.g. ECPs and SWIs), why
was the Standards development process insufficient to ensure
the Standards were suitable without further modification?
