Health and Safety in Employment Amendment Act 2002

  • repealed
  • Health and Safety in Employment Amendment Act 2002: repealed, on 4 April 2016, pursuant to section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).

Reprint as at 4 April 2016

Health and Safety in Employment Amendment Act 2002

Public Act
2002 No 86
Date of assent
24 December 2002

Health and Safety in Employment Amendment Act 2002: repealed, on 4 April 2016, pursuant to section 231(1) of the Health and Safety at Work Act 2015 (2015 No 70).


Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

This Act is administered by the Ministry of Business, Innovation, and Employment.


5New section 2A inserted
2AAll practicable steps
6New sections 3A to 3F inserted
3AApplication of Act to aircraft
3BApplication of Act to ships
3CApplication of certain provisions to volunteers doing regular work
3DProtections for other volunteers
3EApplication of Act to persons receiving on the job training or gaining work experience
3FApplication of Act to loaned employees
7New section 5 substituted
5Object of Act
8Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable
9Information for employees generally
10Section 14 repealed
11New section 18A inserted
18ADuties of persons selling or supplying plant for use in place of work
12Duties of employees
13New Part 2A inserted
19APurpose of Part 2A
19BGeneral duty to involve employees in health and safety matters
19CDevelopment of employee participation system
19DProvisions that apply if employer and employees fail to develop system for employee participation
19ETraining of health and safety representatives
19FCalculation of maximum total number of days’ paid leave for health and safety training
19GMinister may approve occupational health and safety training
19HSystem for employee participation in Armed Forces
19IMeaning of employee in sections 19C(1) and 19F(1)
14Codes of practice
16Recording and notification of accidents and serious harm
17New headings and sections 28A and 28B inserted
28AEmployees may refuse to perform work likely to cause serious harm
28BEnforcement by other agencies
18Functions of inspectors
19Powers of entry and inspection
20Powers to take samples and other objects and things
21Matters may be completed by different inspectors
22New heading and section 46A inserted
46ATrained health and safety representatives may issue hazard notices
23Offences likely to cause serious harm
24Other offences
25New section 51A inserted
51ASentencing criteria
26Section 52 repealed
27New sections 53 to 54E substituted
53Proof of intention not required
54Notification to Secretary of interest in knowing of enforcement action taken by inspector
54ALaying information
54BTime limit for laying information
54CExtension of time for person other than inspector to lay information
54DExtension of time if inspector needs longer to decide whether to lay information
54EContinuing or repeated matters
28Other provisions relating to offences
29New headings and sections 56A to 56I inserted
56AInfringement offences
56BInfringement notices
56CPrior warning of infringement offence
56DInspector may require information
56EProcedural requirements for infringement notices
56FInfringement fees
56GPayment of infringement fee
56HEffect of infringement notice
56IInsurance against fines unlawful and of no effect
30New Schedule 1A inserted
31General transitional provision
32Transitional provision for ships at sea
33Employment Relations Act 2000 amended
34Hazardous Substances and New Organisms Act 1996 amended
35Maritime Transport Act 1994 amended
36Transport Services Licensing Act 1989 amended
New Schedule 1A inserted in principal Act
Reprint notes

The Parliament of New Zealand enacts as follows: