NZIFDA

CRITICAL: Use Only NZIFDA Mark Certified Operators

⚠️ Customer Liability Warning

Under New Zealand law, you as the generator of contaminated fuel are responsible for ensuring it is handled by properly licensed operators.

If you use an illegal or unlicensed operator:

• You may be held liable for environmental violations if the waste is improperly disposed
• You may face fines and penalties for using unlicensed waste disposal services
• You may be responsible for cleanup costs if environmental damage occurs
• You may void insurance coverage if work is performed by unlicensed operators
• You may have no legal recourse if the work is performed incorrectly

✅ Protect yourself: Only use operators displaying the NZIFDA Mark. This ensures proper licensing, insurance, and compliance with all New Zealand regulations.

Penalties for Illegal Operators

Operators who provide fuel remediation services without proper certification and licensing face severe penalties:

• Dangerous Goods Act Violations: Fines up to $100,000 and/or imprisonment for operating without proper licenses
• Resource Management Act Violations: Fines up to $300,000 for companies, $100,000 for individuals for improper waste disposal
• Fair Trading Act Violations: Fines up to $600,000 for misleading claims about certification or compliance
• Health and Safety Violations: Significant fines and potential imprisonment for unsafe practices
• EPA Enforcement: Enforcement actions, fines, and potential prohibition from operating
• Civil Liability: Potential lawsuits from customers and environmental damage claims

NZIFDA actively reports illegal operators to relevant authorities including WorkSafe New Zealand, the Environmental Protection Authority (EPA), and local councils for enforcement action.

✅ How to Verify a Certified Operator

Look for the NZIFDA Mark displayed by the operator. Operators carrying the NZIFDA Mark have:

• Valid Dangerous Goods licenses
• Proper insurance coverage ($2M+ professional indemnity)
• Certified facilities (currently all certified operators use fixed facilities)
• Compliance with all New Zealand regulations
• Proper waste tracking and disposal procedures

If an operator cannot show you the NZIFDA Mark, do not use their services. Report them using our compliance reporting form.

Learn more: Understanding Certification - What "Certified" Actually Means

The Official NZIFDA Mark

What the NZIFDA Mark Means:

• Operator has completed comprehensive certification process
• Fixed facility meets all regulatory requirements
• Staff are properly trained and qualified
• Equipment meets NZIFDA standards
• Insurance and licensing are current
• Compliance with all New Zealand regulations
• Commitment to quality service and customer protection

Learn more: Understanding Certification - Why a Governing Body is Required

Compliant Operators (Tier 1 - Management Layer)

Compliant Operators serve as the management layer of the NZIFDA certification system. They are responsible for:

• Receiving and managing customer inquiries and job requests
• Allocating work to certified workshops under their license
• Ensuring quality control and compliance across their network
• Managing customer relationships and service delivery
• Overseeing documentation and warranty processes
• Coordinating with certified workshops for service execution

Compliant Operators act as the interface between customers and certified workshops, ensuring efficient job allocation and maintaining service standards.

Certified Workshops (Tier 2 - Fixed Facilities)

Certified Workshops are service delivery facilities that perform fuel remediation work at fixed facilities. They operate under the license and management of a Compliant Operator. Certified Workshops:

• Perform fuel extraction and system remediation at fixed facilities
• Operate under the oversight of their Compliant Operator
• Receive job allocations from their Compliant Operator
• Maintain fixed facility standards and equipment
• Follow NZIFDA protocols and procedures
• Provide quality service under the NZIFDA Mark

Certified Workshops must operate under a Compliant Operator license - they cannot operate independently. This structure ensures proper management, quality control, and compliance with industry standards.

Mobile Operators (Tier 2 - Mobile Service)

Mobile Operators provide on-site fuel extraction services using mobile vehicles. They operate under the license and management of a Compliant Operator. Mobile Operators:

• Perform on-site fuel extraction using certified mobile vehicles
• Operate under the oversight of their Compliant Operator
• Receive job allocations from their Compliant Operator
• Each vehicle must be individually assessed and certified
• Require annual recertification per vehicle to maintain compliance
• Follow NZIFDA protocols and procedures
• Provide quality service under the NZIFDA Mark

Mobile Operators must operate under a Compliant Operator license - they cannot operate independently. Each mobile vehicle requires individual certification and annual recertification ($2,500 + GST per annum per vehicle).

The NZIFDA Mark = Verified Compliance Investigation

When an operator displays the NZIFDA Mark, it means:

• NZIFDA has conducted a comprehensive compliance investigation
• All licenses and certifications have been verified
• Insurance coverage has been verified
• Waste tracking compliance has been verified
• Dangerous Goods compliance has been verified
• Environmental compliance has been verified
• Ongoing compliance monitoring is in place

Without the NZIFDA Mark, fuel stations CANNOT verify if a mobile operator is compliant, creating significant legal risk under Health and Safety at Work Act PCBU duties.

1. Health and Safety at Work Act 2015

PCBU (Person Conducting a Business or Undertaking) Duties:

Fuel stations are PCBUs with legal obligations under sections 36-37 of the Health and Safety at Work Act 2015:

• Primary Duty of Care: Fuel stations must ensure, so far as is reasonably practicable, the health and safety of workers and other persons (including customers and contractors) who may be affected by their work.
• Site Control: Fuel stations have a duty to control their workplace and ensure that only authorized, compliant contractors operate on their premises.
• Risk Management: Allowing mobile extraction operators creates uncontrolled risks including spills, environmental contamination, and safety hazards that fuel stations are legally responsible for managing.
• Due Diligence: Fuel stations must verify that any contractor operating on their site has proper licenses, insurance, and certification. Without the NZIFDA Mark, there has been NO investigation or verification of a mobile operator's compliance. Fuel stations cannot independently verify if a mobile operator has proper Dangerous Goods licenses, waste tracking compliance, insurance coverage, or environmental compliance. This creates significant legal risk under PCBU duties.

Penalties: Up to $3 million for corporate entities and up to $600,000 and/or 5 years imprisonment for individuals who fail to meet their PCBU duties.

2. Resource Management Act 1991

Environmental Protection Obligations:

Fuel stations have obligations under the Resource Management Act 1991 to prevent environmental contamination:

• Discharge Controls: Fuel stations must prevent any discharge of contaminants (including contaminated fuel) into the environment.
• Site Contamination: Allowing mobile extraction operations increases the risk of spills and environmental contamination at the fuel station site.
• Waste Management: Mobile operators cannot properly manage hazardous waste at uncontrolled locations, creating environmental risks for which the fuel station may be held liable.

Penalties: Up to $600,000 for companies and up to $300,000 for individuals for breaches of the Resource Management Act.

3. Dangerous Goods Act 1974

Transportation and Handling Requirements:

Contaminated fuel is classified as a dangerous good. Fuel stations must ensure:

• Licensed Transport: Only operators with valid Dangerous Goods licenses can transport contaminated fuel. Mobile operators typically cannot meet these requirements.
• Proper Handling: Contaminated fuel must be handled at licensed facilities with proper containment, not at uncontrolled locations like fuel station forecourts.
• Site Safety: Fuel stations must ensure that any dangerous goods operations on their site comply with all safety requirements.

Penalties: Fines and potential imprisonment for breaches of dangerous goods transportation and handling requirements.

4. Hazardous Substances Regulations

EPA and Health and Safety Requirements:

Under the Health and Safety at Work (Hazardous Substances) Regulations 2017 and EPA requirements:

• Proper Storage: Contaminated fuel must be stored in approved containers at licensed facilities, not at fuel station sites.
• Waste Tracking: Waste tracking documentation must begin at the point of generation. Mobile extraction at fuel stations creates compliance challenges with waste tracking requirements.
• Emergency Response: Fuel stations must ensure that any hazardous substance operations on their site have proper emergency response capabilities, which mobile operators typically cannot provide.

Penalties: Significant fines for non-compliance with hazardous substances regulations.

✅ The Compliant Process: When a misfuel occurs at a fuel station, the vehicle should be towed to a certified fixed facility (operators displaying the NZIFDA Mark) for proper remediation. This ensures verified compliance with all New Zealand regulations and protects the fuel station from legal liability.

Note: While mobile operators CAN be certified by NZIFDA if they meet strict requirements (including operating under a Compliant Operator, vehicle assessment, and annual certification), there are currently no compliant mobile services that have achieved certification. Fuel stations should only allow operators displaying the NZIFDA Mark.

What Fuel Stations Must Do:

1. Verify the NZIFDA Mark: Only allow operators who can display the NZIFDA Mark. The Mark means NZIFDA has conducted a comprehensive compliance investigation and verified all licenses, insurance, waste tracking, Dangerous Goods compliance, and environmental compliance. Currently, all certified operators operate from fixed facilities.
2. Refuse Uncertified Operators: Do not allow mobile extraction operators without the NZIFDA Mark onto your site, regardless of customer requests. Without the Mark, there has been NO investigation of their compliance. You cannot verify if they have proper licenses, insurance, waste tracking compliance, or environmental compliance. This creates significant legal risk for your business.
3. Understand Your Risk: As a PCBU, you are legally responsible for ensuring contractors on your site are compliant. Without the NZIFDA Mark, you cannot demonstrate due diligence in verifying compliance, which may expose you to fines, penalties, and legal liability if the operator is non-compliant.
4. Learn About Certification: Understand the difference between regulatory certification, industry certification (like the NZIFDA Mark), and self-issued "certification" - read our Understanding Certification guide
5. Direct to Certified Operators: Direct customers to contact NZIFDA-certified operators who will arrange towing to their fixed facilities.
6. Report Non-Compliance: If mobile operators attempt to operate on your site, report them using our compliance reporting form.
7. Protect Your Business: By refusing mobile operators, you protect your business from legal liability, fines, and environmental contamination risks.

⚠️ Legal Protection: Fuel stations that allow uncertified mobile operators (operators without the NZIFDA Mark) on their premises may be held jointly liable for any environmental contamination, safety incidents, or regulatory breaches that occur. Without the NZIFDA Mark, you cannot verify compliance and cannot demonstrate due diligence. Protect your business by only allowing operators displaying the NZIFDA Mark, which provides verified compliance investigation and ongoing monitoring.