For Fuel Stations
When a Misfuel Happens at Your Station
Misfuelled fuel is classified as a Class 3.1 flammable liquid — a hazardous substance. Under the Health and Safety at Work (Hazardous Substances) Regulations 2017, its disposal must be recorded. Only NZIFDA-certified operators can file disposal events on the National Misfuel Register.
As a PCBU, you have a duty to direct customers to certified operators. The compliant process is to tow the vehicle to a certified fixed facility where the disposal can be properly recorded.
Why Fuel Cannot Be Removed on a Forecourt
Multiple pieces of New Zealand legislation combine to make mobile fuel removal at a fuel station unlawful:
Hazardous Atmosphere Zones
Under the HSW (Hazardous Substances) Regulations 2017, Part 10–11, fuel station forecourts are classified as Hazardous Atmosphere Zones (Zone 1 and Zone 2) under AS/NZS 60079.10.1:2009. Mechanical work involving potential ignition sources — including vacuum pumps, electrical equipment, and tools that may generate sparks — is prohibited within these zones (Regulations 10.8, 10.11).
Dangerous Goods Transport
Under the Land Transport Rule: Dangerous Goods 2005, the Schedule 1 quantity exemptions do not apply to transport for hire or reward. A mobile operator who removes fuel from a customer's vehicle is transporting dangerous goods commercially — full DG compliance is required at any quantity: D endorsement, DG documentation, UN-rated packaging, placarding, and trained personnel.
Environmental Discharge
The Resource Management Act 1991 (s.15) prohibits the discharge of contaminants — including fuel — onto land or into water. Fuel handling on a forecourt, public road, or private property without proper bunding and containment breaches this requirement.
The compliant process: Tow the vehicle to a certified fixed facility — a workshop with proper containment, hazardous substance handling, waste tracking, and Dangerous Goods licensing. The disposal is filed on the National Misfuel Register, generating a Certificate of Compliance.
Your Legal Obligations as a PCBU
Site Control & Due Diligence
Under the Health and Safety at Work Act 2015 (s.36–37), fuel stations are PCBUs with a primary duty of care. You must ensure only certified, compliant contractors operate on your premises. Verify the NZIFDA Mark before allowing any operator on site.
Penalties: Up to $3 million for corporate entities and up to $600,000 and/or 5 years imprisonment for individuals.
Disposal Record-Keeping
Under the HSW (Hazardous Substances) Regulations 2017, disposal of a hazardous substance must be recorded. If an uncertified operator handles a misfuel on your forecourt, there is no record on the National Misfuel Register, no Certificate of Compliance, and no documentation that the hazardous substance was disposed of lawfully. As a PCBU allowing that activity on your site, your business is exposed.
Environmental Protection
Under the Resource Management Act 1991, you must prevent discharge of contaminants into the environment. Allowing mobile fuel removal at uncontrolled locations on your site increases the risk of unrecorded spills and environmental contamination.
Penalties: Up to $600,000 for companies and up to $300,000 for individuals.
What Your Station Must Do
- Verify the NZIFDA Mark — only allow operators who display the Mark on your site
- Refuse uncertified operators — do not allow mobile fuel removal by operators who cannot display the Mark, regardless of customer requests
- Direct customers to certified operators — they will coordinate towing to their fixed facilities and file the disposal on the register
- Report non-compliance — if uncertified operators attempt to operate on your site, report them
When every disposal is filed on the register, there is a Certificate of Compliance documenting that the hazardous substance was handled by a certified operator using lawful methods. This is your due diligence record.
How to Verify Certified Operators
Fuel Disposal Agency
The Official NZIFDA Mark
Operators carrying the NZIFDA Mark are authorised to file disposal events on the National Misfuel Register. This means:
- Every job is recorded on the register with a Certificate of Compliance
- Dangerous Goods licensing, insurance, and environmental compliance have been verified
- Manufacturer-specified fuel removal methods are used
- Waste tracking and hazardous substance disposal processes are in place
- Ongoing compliance monitoring by NZIFDA
Learn more: What the NZIFDA Mark means →
Quick Links
Find a Certified Operator
Only operators displaying the NZIFDA Mark can file on the register.
Find OperatorResources & Legislation
All relevant legislation for disposal record-keeping and hazardous substance handling.
View Resources