New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 1 July 2011
| Public Act | 1992 No 96 |
| Date of assent | 27 October 1992 |
| Commencement | see section 1(2) |
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This Act is administered by the Department of Labour.
1 Short Title and commencement
3 Application of Act to the Crown
3A Application of Act to aircraft
3B Application of Act to ships
3C Application of certain provisions to volunteers doing regular work
3D Protections for other volunteers
3E Application of Act to persons receiving on the job training or gaining work experience
3F Application of Act to loaned employees
4 Act not to affect other legislation
Part 2
Duties relating to health and safety in employment
6 Employers to ensure safety of employees
Duties of employers in relation to hazard management
8 Significant hazards to employees to be eliminated if practicable
9 Significant hazards to employees to be isolated where elimination impracticable
10 Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable
Duties of employers in relation to information
11 Employees to be given results of monitoring
12 Information for employees generally and health and safety representatives
Duties of employers in relation to training and supervision
Duties of employers in relation to Police vetting of employees at limited child care centres
13A Limited child care centre employees must be suitable
13B Police vetting of employees at limited child care centres
13C Police vetting of contractors and their employees who work at limited child care centres
13D Police vet must be obtained before person has unsupervised access to children
13E Procedures relating to Police vets under section 13B or 13C
14 Employers to involve employees in development of health and safety procedures [Repealed]
15 Duties of employers to people who are not employees
16 Duties of persons who control places of work
17 Duties of self-employed people
18A Duties of persons selling or supplying plant for use in place of work
19B General duty to involve employees in health and safety matters
19C Development of employee participation system
19D Provisions that apply if employer and employees fail to develop system for employee participation
19E Training of health and safety representatives
19F Calculation of maximum total number of days' paid leave for health and safety training
19G Minister may approve occupational health and safety training
19H System for employee participation in Armed Forces
19I Meaning of employee in sections 19C(1) and 19F(1)
23 Other provisions relating to regulations
24 Saving of regulations made under certain repealed enactments
25 Recording and notification of accidents and serious harm
25A Transfer of accident information
26 No interference at accident scene
27 Inquiry into cause of accident
28 Coroner may call for report on fatal accident
Right of employees to refuse to perform work likely to cause serious harm
28A Employees may refuse to perform work likely to cause serious harm
28B Enforcement by other agencies
31 Powers of entry and inspection
32 Inspectors to prove identity
33 Powers to take samples and other objects and things
Departmental medical practitioners
34 Appointment of departmental medical practitioners
35 Powers of entry and inspection of departmental medical practitioners
36 Departmental medical practitioners may require medical examinations of employees
37 Departmental medical practitioners may suspend employees in certain cases
Improvement and prohibition notices
39 Inspectors may issue improvement notices
40 How improvement notices to be given
41 Inspectors may issue prohibition notices
42 Service of prohibition notices
43 Compliance with prohibition notices
44 How notices to be addressed
45 Matters may be completed by different inspectors
46A Trained health and safety representatives may issue hazard notices
Duties in respect of inspectors
49 Offences likely to cause serious harm
51 Actions taken to prevent harm
52 Failure to comply with section 14 [Repealed]
53 Proof of intention not required
54 Notification to Secretary of interest in knowing of enforcement action taken by inspector
54B Time limit for laying information
54C Extension of time for person other than inspector to lay information
54D Extension of time if inspector needs longer to decide whether to lay information
54E Continuing or repeated matters
55 Other provisions relating to offences
56 Offences by bodies corporate or Crown organisations
56C Prior warning of infringement offence
56D Inspector may require information
56E Procedural requirements for infringement notices
56G Payment of infringement fee
56H Effect of infringement notice
Insurance against fines unlawful and of no effect
56I Insurance against fines unlawful and of no effect
Information provided by Accident Rehabilitation and Compensation Insurance Corporation
[Repealed]
60 Accident Rehabilitation and Compensation Insurance Corporation may provide information [Repealed]
Non-compliance with other enactments
61 Inspectors to notify local authority
Amendments, repeals, revocations, and savings
62 Consequential amendments, repeals, revocations, and savings
Schedule 1A
Employee participation system
Schedule 2
Consequential amendments
Schedule 4
Orders in Council and notices revoked
An Act to reform the law relating to the health and safety of employees, and other people at work or affected by the work of other people
