Hiring or leasing gas equipment (including installations)

If you hire out or lease out gas appliances, fittings or installations you have specific safety obligations under the Gas (Safety and Measurement) Regulations 2010. This includes if you hire out rental vehicles and or if you are a landlord of residential premises.

GSMR 9(5)(external link) applies to a person who owns, supplies, sells, hires, or operates a gas installation, fittings or a gas appliance. It prohibits such persons from using or allowing any other person to use the part of the gas installation, fittings or gas appliance if the part of the gas installation, fittings or gas appliance is unsafe.

GSMR 53(2)(external link) applies to every person who (amongst other things) hires out or leases out a gas appliance or fittings. GSMR 53(2) requires that such people should ensure, so far as is reasonably practicable, that the gas appliance or fittings are safe.

GSMR 75(external link) applies to every person who hires out or leases out any gas appliance, fittings, or gas installation and requires that such people should ensure, so far as is reasonably practicable, that before hiring or leasing any such appliance, fitting or installation that it is in a safe condition and complete with any safety accessory and instructions to ensure their safe use.

A gas appliance is deemed to be safe if it has been assessed as being not unsafe under a NZS 5256 safety verification check. A gas installation is deemed safe if it is assessed as being not unsafe under a NZS 5255 safety verification check.

Specific provisions for landlords of residential premises

GSMR 75A(external link) applies to the landlords of residential premises and includes an agent of a landlord. A landlord must ensure any gas appliance or installation used in connection with a rental premises is safe and must not allow any person to use an unsafe gas appliance or installation.

The landlord must ensure that the occupier of any rental premises is provided with adequate instructions for the safe use of any gas appliances or installation.

A gas installation is deemed safe for the purposes of the residential tenancy if at the commencement of the tenancy it is assessed as being not unsafe under a NZS 5255 safety verification check.