Understanding Your Obligations

NZIFDA Operator Framework — National Misfuel Register

Issued: March 2026

1. Definitions

In this document, unless the context otherwise requires:

• Agency means the New Zealand Insoluble Fuel Disposal Agency (NZIFDA).
• Operator means any workshop, business, mobile unit, or sole trader registered or seeking registration on the Register.
• Register means the NZIFDA National Misfuel Register, the central database of operators authorised to perform misfuel remediation work in New Zealand.
• Compliant Operator means a registered operator who holds a current operator licence under the Agency's two-tier certification framework.
• Digital Services means the Agency's website, online registration portal, AI-assisted communication tools, and associated digital infrastructure.
• Filing Fee means the per-job fee payable each time an operator files a misfuel remediation record on the Register.
• Certificate of Currency means a current certificate from a licensed insurer confirming that the operator's public liability insurance policy is active and meets the requirements of Clause 7.

2. Scope and Application

These obligations apply to:

• All operators registered or seeking registration on the National Misfuel Register
• All persons accessing or using NZIFDA Digital Services, including the public-facing website and operator portal
• Persons submitting compliance reports, certification applications, or mediation requests through any NZIFDA channel

Where an obligation refers to an Operator, it binds the operator's directors, employees, contractors, and agents acting on the operator's behalf.

3. Status of the Agency

NZIFDA is an independent industry authority established to administer the National Misfuel Register and maintain standards in the fuel contamination remediation sector. NZIFDA's certification framework aligns with obligations under the Health and Safety at Work Act 2015, the Health and Safety at Work (Hazardous Substances) Regulations 2017, the Hazardous Substances and New Organisms Act 1996, and the Resource Management Act 1991. NZIFDA does not exercise statutory powers but acts as a recognised industry body whose registration conditions are enforceable as contractual obligations.

4. Permitted and Prohibited Use of Digital Services

4.1 Authorised Access

Operators and members of the public may access NZIFDA Digital Services for purposes consistent with these obligations and applicable New Zealand law, including:

• Registration on, or enquiry about, the National Misfuel Register
• Filing misfuel remediation records
• Submitting compliance reports or mediation requests
• Accessing public information about NZIFDA standards and requirements

4.2 Prohibited Conduct

The following conduct is prohibited and may result in deregistration, referral to regulatory authorities, or civil action:

• Providing false, misleading, or incomplete information in any registration, filing, or report
• Accessing or attempting to access any part of the Digital Services without authorisation
• Transmitting malicious code, automated scraping tools, or interference with Agency systems
• Impersonating any operator, person, or regulatory body
• Attempting to extract, manipulate, or circumvent Agency AI systems or prompts
• Using Digital Services for any unlawful purpose under New Zealand law

5. AI-Assisted Services — Disclosure and Limitations

5.1 Website AI Assistant

NZIFDA operates an AI-powered chat assistant on its public website to assist with enquiries about the Register, compliance obligations, certification, and industry standards. Users of this service must note that:

• Responses are generated by large language model technology and may not be accurate in all cases
• The assistant does not constitute an authoritative source of regulatory guidance or legal advice
• Where a response conflicts with the written provisions of this document or applicable legislation, this document and the legislation prevail
• NZIFDA compliance staff may be contacted directly to verify any AI-generated response

5.2 AI Telephone Agents

NZIFDA conducts outbound and inbound telephone communications using AI-powered voice agents operating on the Retell AI platform. These agents operate under NZIFDA's direction and include:

• Sarah — outbound agent contacting workshops to discuss compliance obligations, Register participation, and certification requirements
• Quinton — inbound agent handling general enquiries, compliance reports, and registration matters

All AI telephone communications are conducted transparently. Calls may be recorded for compliance, quality, and training purposes. Operators may request access to call recordings involving their business by contacting NZIFDA.

5.3 Data Handling

Communications data processed through AI services is subject to the Agency's Privacy Policy. Voice and message data is processed by authorised third-party providers under data processing agreements. NZIFDA does not use personal communications data to train AI models.

6. Compliance Reporting

A person submitting a compliance report through NZIFDA channels:

• Affirms that the information provided is accurate to the best of their knowledge and belief
• Acknowledges that the report may be investigated and disclosed to relevant regulatory and enforcement bodies
• Accepts that reports are retained as part of the Agency's compliance records
• Understands that malicious or vexatious reports may result in civil action

7. Registration and Certification

An operator applying for registration on the National Misfuel Register:

• Must provide accurate and complete information in all registration materials
• Must meet all eligibility and compliance requirements as specified by NZIFDA from time to time
• Acknowledges that NZIFDA may verify any information provided, including by reference to third-party data sources
• Accepts that registration decisions are made at the Agency's discretion and are not subject to appeal except on grounds of material factual error
• Understands that registration may be suspended or revoked if the operator ceases to meet the requirements set out in this document

7A. High-Trust Compliance Model — Self-Declaration

7A.1 Basis of the High-Trust Model

NZIFDA operates a high-trust registration framework. This means that where an operator declares, during the registration process, that they hold or will obtain a required compliance item (such as public liability insurance, a fuel disposal kit, a hazardous substances health and safety plan, or certified training), NZIFDA accepts that declaration in good faith and permits registration to proceed immediately without requiring pre-verification of evidence.

This approach reflects the operational reality of the misfuel remediation sector, where reputable operators are expected to manage their own compliance obligations as a condition of operating. Pre-approval gatekeeping is not required under this framework.

7A.2 Nature of the Declaration

By selecting the “I declare compliance” option in respect of any required compliance item during registration, the operator:

• Declares that they currently hold, or will obtain before undertaking misfuel remediation work, the relevant compliance item in a form that meets the requirements set out in this document and in applicable legislation
• Acknowledges that their declaration forms part of their registration agreement with NZIFDA and is relied upon by NZIFDA as a condition of granting registration
• Accepts that NZIFDA may, at any time and without prior notice, request evidence that the declared compliance item is in place
• Understands that providing a false or misleading declaration is a serious breach of their registration obligations and may result in immediate suspension, deregistration, and referral to relevant authorities

7A.3 Verification and Audit Rights

NZIFDA reserves the right to conduct compliance checks at any time, including:

• Requesting a current Certificate of Currency, certificate, record, or other evidence in respect of any declared compliance item
• Conducting or commissioning a site or document audit
• Cross-referencing registration details against third-party data sources
• Initiating a compliance review under Clause 6 if a declaration is found to be inaccurate or unsubstantiated

Failure to produce requested evidence within 10 business days of a request, or discovery that a declaration was materially false at the time it was made, constitutes grounds for immediate suspension under Clause 7.3 and Clause 8.5.

7A.4 Compliant Operator Responsibility

Where an operator is registered under a certified Compliant Operator (such as EIN Fuel Extraction NZ, Forman Pacific, or Eek Mechanical), the Compliant Operator assumes primary responsibility for ensuring that operators within their network maintain the compliance standards declared at registration. NZIFDA may direct compliance enquiries and enforcement actions to the Compliant Operator where the supplier fails to respond. The Compliant Operator's liability under this clause is set out in their Operator Agreement with NZIFDA.

7B. Insurance Requirements for Registered Operators

7B.1 Mandatory Public Liability Insurance

Every operator, workshop, or mobile unit registered on the NZIFDA National Misfuel Register must, at all times during their registration, maintain a current policy of public liability insurance meeting the following conditions:

• Minimum indemnity of $2,000,000 NZD per occurrence
• Cover must extend to include misfuel remediation activities specifically
• The policy must be extended to name NZIFDA as an additional interested party, or otherwise provide equivalent protection to NZIFDA arising from the operator's activities
• Cover must be maintained with a licensed insurer operating in New Zealand
• Proof of current cover must be provided to NZIFDA upon registration and upon request at any time

7B.2 Basis for This Requirement

This requirement follows the same insurance obligation imposed by the New Zealand Transport Agency (NZTA) on all vehicle inspection and repair certifiers appointed under the Land Transport Rule: Vehicle Standards Compliance 2002. Clause 28 of the NZTA Deed of Appointment (Light Vehicle Repair Specialist Inspector and Inspecting Organisation) states:

“The repair certifier must maintain a third party public liability in relation to performance of the repair certifier's duties.”

NZIFDA operates on the same basis: as the certifying body that publicly lists and vouches for registered operators, NZIFDA assumes reputational and potential legal exposure arising from the conduct of its registered operators. The insurance requirement protects operators, their customers, and NZIFDA as the Register administrator.

NZTA VIRM — Repair Certifier Duties and Responsibilities (Clause 28 Insurance & Indemnity) →

7B.3 Consequences of Non-Compliance

If an operator fails to maintain compliant insurance cover, NZIFDA may, without prior notice:

• Suspend the operator's registration and remove their listing from the public-facing Register
• Prevent the operator from filing new jobs until compliant cover is confirmed
• Initiate a compliance review under Section 6
• Refer the matter to the operator's network provider or upstream Compliant Operator

Reinstatement following a suspension for non-compliant insurance requires submission of a current Certificate of Currency to NZIFDA before the operator's listing is restored.

8. Supplier Registration, Fees, and Operator Transfers

8.1 Registration Fees

Suppliers and workshops joining the NZIFDA National Misfuel Register under a certified operator are required to pay a one-time registration fee. The applicable fee is determined by the operator regime under which the supplier registers and will be disclosed during the onboarding assessment.

Registration fees are payable via Stripe secure payment and are due before full certification status is granted.

8.2 Ongoing Filing Fees

Each misfuel job filed on the National Register incurs a per-job filing fee. The applicable rate depends on the supplier's subscription type and operator regime. Current fee schedules are provided during onboarding and within the operator portal.

8.3 Operator Transfers

A supplier or workshop may be transferred from one certified operator to another at the discretion of NZIFDA administration. Transfers may occur due to:

• A change in the supplier's business relationship or network affiliation
• Restructuring of an operator's supplier network
• Administrative corrections
• Supplier request to operate under a different regime

When a transfer occurs:

• The supplier will be notified by email with full details of the transfer and any new fee obligations
• The supplier's new filing fees will reflect the fee schedule of the receiving operator regime
• A new registration fee may be payable under the receiving operator, depending on the regime
• A payment link will be provided to complete any outstanding fees under the new regime

8.4 No Refund Policy on Operator Transfers

Specifically:

• Registration fees paid to join the network under a specific operator are not refunded if the supplier subsequently transfers to a different operator
• Annual subscription fees are not refunded or pro-rated upon transfer — any remaining subscription period is forfeited
• Per-job filing fees already paid are not refunded under any circumstances
• If a new registration fee is applicable under the receiving operator, it must be paid in full before certification status is reinstated

By registering on the NZIFDA National Misfuel Register, you acknowledge and accept this no-refund policy as a condition of participation.

8.5 Suspension for Non-Payment

Failure to pay applicable registration or filing fees may result in:

• Suspension of certification status
• Removal from the public-facing NZIFDA Register
• Inability to file new jobs on the National Misfuel Register until outstanding fees are settled

9. Intellectual Property

All content on this website, including but not limited to:

• Text, graphics, logos, icons, images
• Software, code, and website design
• Documentation and regulatory information
• AI-generated content and responses

is the property of NZIFDA or its content suppliers and is protected by New Zealand and international copyright and trademark laws.

You may not:

• Reproduce, distribute, or create derivative works without permission
• Use our trademarks or logos without written consent
• Remove any copyright or proprietary notices
• Reproduce or redistribute AI-generated content as your own

You may print or download content for personal, non-commercial use, provided you maintain all copyright notices.

10. User Content

If you submit content to our website or AI services (such as compliance reports, applications, chat messages, or feedback):

• You retain ownership of your content
• You grant us a license to use, store, and process your content as necessary to provide our services
• You grant us the right to share your content with regulatory authorities when required by law
• You are responsible for ensuring your content does not violate any laws or third-party rights

11. Disclaimers

11.1 Website Availability

We strive to keep the website available 24/7, but we do not guarantee uninterrupted access. The website may be unavailable due to:

• Maintenance or updates
• Technical issues or failures
• Circumstances beyond our control

11.2 Information Accuracy

While we endeavour to provide accurate and up-to-date information:

• We do not warrant the accuracy, completeness, or timeliness of all information, whether generated by humans or AI
• Information may be subject to change without notice
• You should verify critical information independently
• Regulatory requirements may change, and you are responsible for staying current
• AI-generated responses should be treated as informational only and not as definitive guidance

11.3 Third-Party Links and Services

Our website may contain links to third-party websites and uses third-party AI services. We are not responsible for:

• The content or accuracy of third-party websites
• The privacy practices of third-party websites or services
• Any damages resulting from use of third-party websites or services
• The performance, accuracy, or availability of third-party AI providers

Links are provided for convenience only and do not constitute endorsement.

12. Limitation of Liability

NZIFDA, its officers, employees, and agents shall not be liable for:

• Any direct, indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Damages resulting from use or inability to use the website or AI services
• Errors or omissions in website content or AI-generated responses
• Unauthorized access to or alteration of your data
• Actions taken or decisions made based on AI-generated information

This limitation applies regardless of the legal theory (contract, tort, negligence, etc.) and even if we have been advised of the possibility of such damages.

If New Zealand law does not allow certain limitations, those limitations may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless NZIFDA, its officers, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

• Your use of the website or AI services
• Your violation of these Terms of Service
• Your violation of any law or third-party rights
• False or inaccurate information you provide
• Actions taken based on AI-generated information

14. Privacy and Data Protection

Your use of our website is also governed by our Privacy Policy and Cookies Policy. By using the website, you consent to the collection and use of information as described in those policies.

For information about how your data is processed by our AI services, see Section 4.5 above.

15. Termination

We reserve the right to:

• Terminate or suspend your access to the website or AI services at any time, without notice, for any reason
• Remove or edit any content you submit
• Take legal action if you violate these terms

Upon termination, your right to use the website will immediately cease.

16. Governing Law

These Terms of Service are governed by and construed in accordance with the laws of New Zealand. Any disputes arising from these terms or your use of the website will be subject to the exclusive jurisdiction of the courts of New Zealand.

17. Changes to Terms

We may modify these Terms of Service at any time. We will:

• Post the updated terms on our website
• Update the "Last Updated" date
• Notify users of material changes (where applicable)

Your continued use of the website after changes become effective constitutes acceptance of the updated terms. If you do not agree to the changes, you must stop using the website.

18. Severability

If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms of Service, together with our Privacy Policy and Cookies Policy, constitute the entire agreement between you and NZIFDA regarding your use of the website.

20. Contact Information