New Zealand Legislation: Acts
Acts are laws made by Parliament
(1) In this Act, unless the context otherwise requires,—
Accident means an event that—
(a) Causes any person to be harmed; or
(b) In different circumstances, might have caused any person to be harmed:
All practicable steps
[Repealed]
All practicable steps: this definition was repealed, as from 5 May 2003, by section 4(1) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Approved code of practice means a statement , for the time being approved under section 20 of this Act; but where any amendment of the statement has been approved under that section, means the statement as amended
Approved code of practice: this definition was amended, as from 18 March 1998, by section 3(2)(a) Health and Safety in Employment Amendment Act 1998 (1998 No 3) by omitting the words “of preferred work practices or arrangements”
.
Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990.
Armed Forces: this definition was inserted, as from 5 May 2003, by section 4(2) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
At work, in relation to any person, means present, for gain or reward, in the person's place of work
coastal cargo has the same meaning as in section 198(6) of the Maritime Transport Act 1994.
coastal cargo: this definition was inserted, as from 5 May 2003, by section 4(3) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
compliance order means an order made under section 137 of the Employment Relations Act 2000
compliance order: this definition was inserted, as from 5 May 2003, by section 4(4) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Contractor means a person engaged by any person (otherwise than as an employee) to do any work for gain or reward
Crew
[Repealed]
Crew: this definition was repealed, as from 5 May 2003, by section 4(4) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002
Crown organisation: this definition was inserted, as from 18 October 2002, by section 23(1) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992.
demise charter: this definition was inserted, as from 5 May 2003, by section 4(4) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Department means the department of State that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Departmental medical practitioner means a person for the time being appointed under section 34(1) of this Act
employee, subject to sections 3C to 3F, means any person of any age employed by an employer to do any work (other than residential work) for hire or reward under a contract of service and, in relation to any employer, means an employee of the employer
Employee: this definition was substituted, as from 5 May 2003, by section 4(5) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
employer—
(a) means a person who or that employs any other person to do any work for hire or reward; and, in relation to any employee, means an employer, subject to sections 3C to 3F, of the employee; and
(b) includes, in relation to any person employed by the chief executive or other employee of a Crown organisation to do any work for the Crown organisation for hire or reward, that Crown organisation
Employer: this definition was substituted, as from 18 October 2002, by section 23(2) Crown Organisations (Criminal Liability) Act 2002 (2002 No 37).
Employer: this definition was amended, as from 5 May 2003, by section 4(6) Health and Safety in Employment Amendment Act 2002 (2002 No 86) by inserting the words “, subject to sections 3C to 3F,”
after the word “employer”
. See section 31 of that Act as to the general transitional provision.
enforcement action means,—
(a) in relation to an inspector,—
(i) the laying of an information under this Act; or
(ii) the issuing of an infringement notice under this Act; or
(iii) the making of an application for a compliance order; and
(b) in relation to a person other than an inspector,—
(i) the laying of an information under this Act; or
(ii) the making of an application for a compliance order.
enforcement action: this definition was inserted, as from 5 May 2003, by section 4(7) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Facility includes amenity and equipment
Fail includes refuse; and failure includes refusal
harm —
(a) means illness, injury, or both; and
(b) includes physical or mental harm caused by work-related stress
Harm: this definition was substituted, as from 5 May 2003, by section 4(8) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
hazard —
(a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and
(b) includes—
(i) a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and
(ii) without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour
Hazard: this definition was substituted, as from 5 May 2003, by section 4(8) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
hazard notice has the meaning set out in section 46A(1)
hazard notice: this definition was inserted, as from 5 May 2003, by section 4(8) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
health and safety committee means a committee established to support the ongoing improvement of health and safety in a place of work
health and safety committee: this definition was inserted, as from 5 May 2003, by section 4(8) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
health and safety representative means an employee elected, as an individual or as a member of a health and safety committee or both, to represent the views of employees in relation to health and safety at work
health and safety representative: this definition was inserted, as from 5 May 2003, by section 4(8) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Healthy means unharmed; and health has a corresponding meaning
Home means a place occupied as a dwellinghouse; and includes any garden, yard, garage, outhouse, or other appurtenance, of a home
infringement notice means a notice given under section 56B
infringement notice: this definition was inserted, as from 5 May 2003, by section 4(9) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Inspector means a health and safety inspector for the time being appointed under section 29(1) of this Act
Inspector's notice means an improvement notice or a prohibition notice
Machinery means an engine, motor, or other appliance that provides mechanical energy derived from compressed air, the combustion of fuel, electricity, gas, gaseous products, steam, water, wind, or any other source; and includes—
(a) Any plant by or to which the motion of any machinery is transmitted; and
(b) A lifting machine, a lifting vehicle, a machine whose motive power is wholly or partly generated by the human body, and a tractor:
medical practitioner means a health practitioner who is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine.
medical practitioner: this definition was inserted, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
matter, in sections 54, 54A, 54C, 54E, 56B, and 56C, means—
(a) a failure to comply with this Act or regulations made under this Act; or
(b) a series of such associated failures arising out of, or relating to, the same incident, situation, or set of circumstances.
matter: this definition was inserted, as from 5 May 2003, by section 4(10) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
New Zealand includes all airspace within the territorial limits of New Zealand
New Zealand: this definition was inserted, as from 5 May 2003, by section 4(11) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992.
New Zealand ship: this definition was inserted, as from 5 May 2003, by section 4(11) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Person includes the Crown
Person who controls a place of work in relation to a place of work, means a person who is—
(a) The owner, lessee, sublessee, occupier, or person in possession, of the place or any part of it; or
(b) The owner, lessee, sublessee, or bailee, of any plant in the place:
Petroleum operations means petroleum operations prescribed for the purposes of this Act by regulations made under this Act
Petroleum operations: inserted, as from 1 February 1995, by section 203 Maritime Transport Act 1994 (1994 No 104). See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).
Phenomenon includes radiation
Place of work means a place (whether or not within or forming part of a building, structure, or vehicle) where any person is to work, is working, for the time being works, or customarily works, for gain or reward; and, in relation to an employee, includes a place, or part of a place, under the control of the employer (not being domestic accommodation provided for the employee),—
(a) Where the employee comes or may come to eat, rest, or get first-aid or pay; or
(b) Where the employee comes or may come as part of the employee's duties to report in or out, get instructions, or deliver goods or vehicles; or
(c) Through which the employee may or must pass to reach a place of work:
Place of work: this definition was amended, as from 5 May 2003, by section 4(12) Health and Safety in Employment Amendment Act 2002 (2002 No 86) by substituting the words “, structure, or vehicle”
for the words “or structure”
. See section 31 of that Act as to the general transitional provision.
Plant includes—
(a) Appliance, equipment, fitting, furniture, implement, machine, machinery, tool, and vehicle; and
(b) Part of any plant, the controls of any plant, and any thing connected to any plant:
Principal means a person who or that engages any person (otherwise than as an employee) to do any work for gain or reward
Prohibition notice means a notice under section 41(1) of this Act
Registered medical practitioner
[Repealed]
Registered medical practitioner: this definition was repealed, as from 18 September 2004, by section 175(1) Health Practitioners Competence Assurance Act 2003 (2003 No 48). See sections 178 to 227 of that Act as to the transitional provisions.
Residential work, in relation to the occupier of a home, means—
(a) Domestic work done or to be done in the home; or
(b) Work done or to be done in respect of the home,—
by a person employed or engaged by the occupier solely to do work of one or both of those kinds in relation to the home
Safe,—
(a) In relation to a person, means not exposed to any hazards; and
(b) In every other case, means free from hazards;—
and unsafe and safety have corresponding meanings
Secretary means the chief executive of the Department
Serious harm, subject to subsection (4) of this section, means death, or harm of a kind or description declared by the Governor-General by Order in Council to be serious for the purposes of this Act; and seriously harmed has a corresponding meaning
ship has the same meaning as in section 2(1) of the Ship Registration Act 1992
ship: this definition was inserted, as from 5 May 2003, by section 4(13) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
Significant hazard means a hazard that is an actual or potential cause or source of—
(a) Serious harm; or
(b) Harm (being harm that is more than trivial) the severity of whose effects on any person depend (entirely or among other things) on the extent or frequency of the person's exposure to the hazard; or
(c) Harm that does not usually occur, or usually is not easily detectable, until a significant time after exposure to the hazard:
Subcontractor means a person engaged (otherwise than as an employee) by any contractor or subcontractor to do for gain or reward any work the contractor or subcontractor has been engaged (as contractor or subcontractor) to do
Substance includes a thing that is an organic material, whether living or not
Suspension notice means a notice under section 37(1) of this Act.
trained health and safety representative has the meaning set out in section 46A(1)
trained health and safety representative: this definition was inserted, as from 5 May 2003, by section 4(14) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
union has the same meaning as in section 5 of the Employment Relations Act 2000
union: this definition was inserted, as from 5 May 2003, by section 4(14) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
volunteer —
(a) means a person who—
(i) does not expect to be rewarded for work to be performed as a volunteer; and
(ii) receives no reward for work performed as a volunteer; and
(b) does not include a person who is in a place of work for the purpose of receiving on the job training or gaining work experience.
volunteer: this definition was inserted, as from 5 May 2003, by section 4(14) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.
(2) For the avoidance of doubt, it is hereby declared that—
(a) A person may at the one time be 2 or more of any of the following: a contractor, an employer, a person who controls a place of work, a principal, a self-employed person, and a subcontractor; and this Act may impose duties on or in respect of the person accordingly; and
(b) This Act may at the one time impose the same duty on 2 or more persons, whether in the same capacity or different capacities; and
(c) A duty imposed by this Act on any person is not diminished or affected by the fact that it is also imposed on 1 or more other persons, whether in the same capacity or in different capacities.
(3) To avoid doubt, a person is in a place of work whenever and wherever the person performs work including in a place that—
(a) the person moves through; or
(b) itself moves.
(4) Until the commencement of the first Order in Council made under this Act declaring harm of any kind or description to be serious for the purposes of this Act, harm of any of the kinds and descriptions specified in Schedule 1 to this Act shall be deemed to be serious harm.
Subsection (3) was amended, as from 1 February 1995, by section 203 Maritime Transport Act 1994 (1994 No 104) by inserting the words “(other than a ship carrying out petroleum operations in New Zealand continental waters as defined in section 222(1) of the Maritime Transport Act 1994)”
. See regulation 2 Maritime Transport Act Commencement Order 1994 (SR 1994/272).
Subsection (3) was substituted, as from 5 May 2003, by section 4(15) Health and Safety in Employment Amendment Act 2002 (2002 No 86). See section 31 of that Act as to the general transitional provision.