Health and Safety at Work Act 2015

Subpart 3—Interpretation

General

16 Interpretation

In this Act, unless the context otherwise requires,—

ACC means the Accident Compensation Corporation continued by section 259 of the Accident Compensation Act 2001

adverse conduct has the meaning given in section 88

aircraft has the same meaning as in section 2(1) of the Civil Aviation Act 1990

approved code of practice means a code of practice approved by the Minister under section 222

Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990

authorised has the meaning given in section 203

CAA means the Civil Aviation Authority of New Zealand established by section 72A of the Civil Aviation Act 1990

cease work has the meaning given in section 82

Chief of Defence Force means the officer appointed under section 8 of the Defence Act 1990

compliance power means the functions and powers conferred on an inspector or a health and safety medical practitioner (as relevant) under this Act

constable has the same meaning as in section 4 of the Policing Act 2008

construct includes assemble, erect, reconstruct, reassemble, and re-erect

Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

defence area has the same meaning as in section 2(1) of the Defence Act 1990

demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992

demolition includes deconstruction

design, in relation to plant, a substance, or structure includes—

(a)

the design of part of the plant, substance, or structure; and

(b)

the redesign or modification of a design

designated agency means an agency designated under section 191

employee has the same meaning as in section 6 of the Employment Relations Act 2000

employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000

enforceable undertaking means an undertaking accepted by the regulator under section 123

engage in conduct means to do an act or omit to do an act

EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

EPA control has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

handle includes transport

hazard includes a person’s behaviour where that behaviour has the potential to cause death, injury, or illness to a person (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour)

hazardous substance has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

health means physical and mental health

health and safety medical practitioner means a person for the time being appointed under section 181

health and safety representative means a worker elected as a health and safety representative in accordance with subpart 2 of Part 3

home

(a)

means a place occupied as a dwelling house; and

(b)

includes any garden, yard, garage, outhouse, or other appurtenance of a home

homeworker has the same meaning as in section 5 of the Employment Relations Act 2000

importation has the same meaning as in section 5(1) of the Customs and Excise Act 2018, and import has a corresponding meaning

improvement notice means a notice issued under section 101

inspector means an inspector appointed under section 163

issuing officer has the same meaning as in section 3(1) of the Search and Surveillance Act 2012

local authority has the same meaning as in section 5(1) of the Local Government Act 2002

Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

medical officer of health

(a)

has the same meaning as in section 2(1) of the Health Act 1956; and

(b)

includes the officers referred to in section 22 of that Act

medical practitioner means a health practitioner who—

(a)

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; and

(b)

holds a current practising certificate

military aircraft means an aircraft of, or pertaining to, the Armed Forces

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

naval ship has the same meaning as in section 2(1) of the Defence Act 1990

New Zealand

(a)

means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and

(b)

includes—

(i)

all airspace within the territorial limits of New Zealand:

(ii)

the Ross Dependency

New Zealand ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

New Zealand Transport Agency means the Agency established by section 93 of the Land Transport Management Act 2003

non-disturbance notice means a notice issued under section 108

notifiable event has the meaning given in section 25

notifiable incident has the meaning given in section 24

notifiable injury or illness has the meaning given in section 23

officer has the meaning given in section 18

person includes the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate

person conducting a business or undertaking or PCBU has the meaning given in section 17

personal information has the same meaning as in section 2(1) of the Privacy Act 1993

personal protective equipment

(a)

means anything used or worn by a person (including clothing) to minimise risks to the person’s health and safety; and

(b)

includes air-supplied respiratory equipment

plant includes—

(a)

any machinery, vehicle, vessel, aircraft, equipment (including personal protective equipment), appliance, container, implement, or tool; and

(b)

any component of any of those things; and

(c)

anything fitted or connected to any of those things

prescribed high-risk plant means plant prescribed by regulations as high-risk plant

prohibited health and safety reason has the meaning given in section 89

prohibition notice means a notice issued under section 105

reasonably practicable, in relation to a duty of a PCBU set out in subpart 2 of Part 2, has the meaning given in section 22

regulations means regulations made under this Act

regulator means, as the case requires,—

(a)

WorkSafe; or

(b)

the relevant designated agency

regulatory agency means any of the following:

(a)

a regulator under this Act:

(b)

the CAA:

(c)

the New Zealand Police:

(d)

the New Zealand Transport Agency:

(e)

Maritime New Zealand:

(f)

the EPA:

(g)

a local authority:

(h)

Fire and Emergency New Zealand:

(i)

a medical officer of health:

(j)

the Ministry of Health:

(k)

ACC:

(l)

the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that business or undertaking:

(m)

a prescribed agency

relevant health and safety legislation means—

(a)

this Act and regulations made under this Act:

(b)

any provisions of the following Acts (or any regulations made under those Acts) under which the regulator has functions:

representative, in relation to a worker, means—

(a)

the health and safety representative for the worker; or

(b)

a union representing the worker; or

(c)

any other person the worker authorises to represent the worker

residential work means work done by a person employed or engaged by the occupier of a home of either or both of the following kinds:

(a)

domestic work done or to be done in the home:

(b)

work done or to be done in respect of the home

ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

statutory officer means a person—

(a)

holding or performing duties of an office established by an enactment; or

(b)

performing duties expressly conferred on the person by virtue of his or her office by an enactment; or

(c)

holding office as the chief executive of a Crown organisation

structure

(a)

means anything that is constructed, whether fixed, moveable, temporary, or permanent; and

(b)

includes—

(i)

buildings, masts, towers, frameworks, pipelines, quarries, bridges, and underground works (including shafts or tunnels); and

(ii)

any component of a structure; and

(iii)

part of a structure

substance

(a)

means any natural or artificial substance in any form (for example, a solid, liquid, gas, or vapour); and

(b)

includes a hazardous substance

supply has the meaning given in section 21

suspension notice means a notice issued under section 185

union has the same meaning as in section 5 of the Employment Relations Act 2000

volunteer means a person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses)

volunteer worker has the meaning given in section 19(3)

work group means a work group determined under section 64

worker has the meaning given in section 19

workplace has the meaning given in section 20

WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.

Compare: 1992 No 96 s 2(1); Model Work Health and Safety Act (Aust) s 4

Section 16 importation: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).

Section 16 New Zealand Fire Service: repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 16 regulatory agency paragraph (h): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).

Section 16 relevant health and safety legislation paragraph (b)(iiia): inserted, on 21 December 2017, by section 92(2) of the Outer Space and High-altitude Activities Act 2017 (2017 No 29).