Next steps, implementation and monitoring

This consultation will inform advice on whether to require EV chargers to have smart functionality

Your submissions will be used to inform regulatory impact analysis and advice to Government on which option to progress.

Implementation of any new requirements would be planned and well signalled

In terms of implementation timing, there is a transitional period of at least six months before any new requirements can come into force, as per New Zealand's World Trade Organisation obligations. New regulations would not apply to products imported into New Zealand or manufactured in New Zealand before the new requirements come into force. Periods longer than six months can be used where appropriate.

EECA prepares and follows an implementation plan from the publication date of any new regulations and rules to assist regulated parties and ensure they are aware of their obligations.

Progressing regulations is dependent on changes to the EEC Act

We have determined that the most appropriate legislative vehicle to implement any smart charge regulation or mandatory labelling requirement would be through secondary legislation under an amended EEC Act.

• The EEC Act is considered the most appropriate legislative vehicle because the outcomes sought by this proposal most closely align with the purpose of that Act (other options considered were the Electricity Industry Participation Code 2010 and the Building Code).
• Progressing such secondary legislation relies on changes first being made to the EEC Act. The Government has decided to amend the EEC Act to enable making regulation for ‘demand flexibility’ products, and work to implement this change is underway. The Government’s decisions also include streamlining the regulation making process so that once Cabinet has decided to regulate a certain product, EECA can draft technical requirements for approval by the Minister for Energy. This means the requirements can be drafted, agreed, and adopted more efficiently to keep up with product and technology changes.

Expected timing from here is set out below (with subsequent steps subject to Government decisions and progress with the Bill to amend the EEC Act):

EECA would undertake compliance, monitoring and review activities for any new requirements

EECA would undertake compliance, monitoring and review activities for any new requirements relating to EV chargers in line with its usual processes for appliance regulation. This includes:

• Creating dedicated website content for the product to clearly outline the requirements. For example:
  How to comply with E3 product regulations(external link) — Energy Efficiency & Conservation Authority
• Sending out information on compliance to regulated parties and providing support such as answering enquiries.
• Conducting market scans to identify regulated parties and ensure they are complying with the regulations.
• Conducting check testing, where products are purchased and tested by qualified laboratories to ensure they comply with the legislation.
• Conducting investigations and taking compliance and enforcement action in line with EECA policies.
• Completing the annual sales data collection to understand how the market is developing, which can feed into compliance and regulation/rule review.

In addition, MBIE would monitor the effectiveness of any intervention as part of its role as steward of the energy regulatory system. This monitoring would include assessment of how the chosen option is working in practice and how well it delivers the policy objectives.

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