(1) In this Act, unless the context otherwise requires,—

(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.

(1) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

• (a) the nature and severity of the harm that may be suffered if the result is not achieved; and

• (b) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and

• (c) the current state of knowledge about harm of that nature; and

• (d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and

• (e) the availability and cost of each of those means.

(2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.

(1) Except as expressly provided in subsections (2) and (3) of this section, this Act binds the Crown.

(2) An instrument of the Crown may be prosecuted for an offence against this Act if, and only if,—

• (a) that instrument is a Crown organisation; and

• (b) the offence is alleged to have been committed by the Crown organisation; and

• (c) the proceedings are instituted—

  • (i) against the Crown organisation in its own name and do not cite the Crown as a defendant; and

  • (ii) in accordance with the Crown Organisations (Criminal Liability Act) 2002.

(3) The Crown may not be prosecuted for an offence against this Act, except to the extent and in the manner provided in subsection (2).

(1) This Act applies to—

• (a) a person employed or engaged to work on board an aircraft; and

• (b) the person who employs or engages the person specified in paragraph (a); and

• (c) the aircraft as a place of work.

(2) However, this Act applies only while an aircraft is—

• (a) operating on a flight beginning at a place in New Zealand and ending at that same place; or

• (b) operating between 2 places in New Zealand (not as part of a flight beginning or ending outside New Zealand); or

• (c) operating outside New Zealand, and the person is employed or engaged under an employment agreement or contract for services governed by New Zealand law.

(3) For the purposes of subsection 2(c), an aircraft operating in New Zealand as part of a flight beginning or ending outside New Zealand must be treated as operating outside New Zealand.

(4) Section 16 does not apply to an aircraft while it is taking off, flying, or landing.

(5) To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of an aircraft outside New Zealand.

(1) This Act applies—

• (a) to a person—

  • (i) employed or engaged under an employment agreement or contract for services governed by New Zealand law to work on board a New Zealand ship or on board a foreign ship carrying coastal cargo while the foreign ship is on demise charter to a New Zealand-based operator; or

  • (ii) performing work on a foreign ship while it is carrying out petroleum operations in New Zealand continental waters (as defined in section 222(1) of the Maritime Transport Act 1994); and

• (b) to the person who employs or engages the person described in paragraph (a); and

• (c) to the ship as a place of work.

(2) Where this Act applies in respect of a New Zealand ship, it applies whether the ship is operating inside or outside New Zealand.

(3) Section 16 does not apply to a ship while it is at sea.

(4) To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of a ship outside New Zealand.

(1) This section applies if—

• (a) a volunteer does work for another person (being an employer or self-employed person) with the knowledge or consent of the other person; and

• (b) the volunteer does the work on an ongoing and regular basis for that other person; and

• (c) the work is an integral part of the business of the employer or self-employed person.

(2) When this section applies, sections 6 to 12, 19, and Part 4 apply with all necessary modifications,—

• (a) as if the volunteer were an employee of the other person; and

• (b) as if the other person were the volunteer's employer; and

• (c) as if the volunteer were at work when doing work for the other person.

(3) This section does not apply in respect of a volunteer doing any of the following voluntary work activities:

• (a) participation in a fundraising activity; or

• (b) assistance with sports or recreation for—

  • (i) a sports club:

  • (ii) a recreation club:

  • (iii) an educational institution; or

• (c) assistance with activities for an educational institution outside the premises of the educational institution; or

• (d) providing care for another person in the volunteer's home.

(1) This section applies in respect of all volunteers doing any voluntary work activity in respect of whom section 3C does not apply.

(2) The person for whom such a volunteer does the work activity should take all practicable steps to ensure the health and safety of the volunteer while he or she is doing the work activity, in particular by taking hazards into account when planning the work activity.

(3) If an inspector becomes aware of a significant hazard relating to the work activity, the inspector must, as soon as practicable, contact the person for whom the volunteer is doing the work activity (or the person's representative) to discuss means of eliminating, isolating, or minimising the hazard.

(4) If this section applies, sections 39, 41, and 49 do not apply.

(1) This Act, except for Part 2A, applies when a person who is not an employee is in a place of work for the purpose of receiving on the job training or gaining work experience (person A).

(2) For the purposes of this Act,—

• (a) person A must be treated as if he or she were an employee of the person who has agreed to provide the on the job training or work experience (person B); and

• (b) person B must be treated as if that person were person A's employer; and

• (c) person A must be treated as if he or she were at work when in the place of work for the purposes set out in subsection (1).

(1) This Act, except for Part 2A, applies when—

• (a) an employer or principal (person A) places an employee (the loaned employee) at the disposal of another person (person B, being an employer or a self-employed person) to do work for person B; and

• (b) there is no contractual relationship between person A and person B regarding the work to be performed by the loaned employee.

(2) For the purposes of this Act,—

• (a) a loaned employee must be treated as if he or she were an employee of person B (instead of person A) while the loaned employee is working for person B; and

• (b) person A has a duty to ensure that the loaned employee is capable of doing the proposed work safely and that person B is aware of person B's duties under this Act; and

• (c) person B must be treated as if person B were the employer of the loaned employee (instead of person A) while the loaned employee is working for person B; and

• (d) the loaned employee must be treated as if he or she were at work when doing work for person B.

Nothing in this Act, or in any code of practice under this Act, derogates from the effect of any other enactment for the time being in force.

The object of this Act is to promote the prevention of harm to all persons at work and other persons in, or in the vicinity of, a place of work by—

• (a) promoting excellence in health and safety management, in particular through promoting the systematic management of health and safety; and

• (b) defining hazards and harm in a comprehensive way so that all hazards and harm are covered, including harm caused by work-related stress and hazardous behaviour caused by certain temporary conditions; and

• (c) imposing various duties on persons who are responsible for work and those who do the work; and

• (d) setting requirements that—

  • (i) relate to taking all practicable steps to ensure health and safety; and

  • (ii) are flexible to cover different circumstances; and

• (e) recognising that volunteers doing work activities for other persons should have their health and safety protected because their well-being and work are as important as the well-being and work of employees; and

• (f) recognising that successful management of health and safety issues is best achieved through good faith co-operation in the place of work and, in particular, through the input of the persons doing the work; and

• (g) providing a range of enforcement methods, including various notices and prosecution, so as to enable an appropriate response to a failure to comply with the Act depending on its nature and gravity; and

• (h) prohibiting persons from being indemnified or from indemnifying others against the cost of fines and infringement fees for failing to comply with the Act.

Every employer shall take all practicable steps to ensure the safety of employees while at work; and in particular shall take all practicable steps to—

• (a) Provide and maintain for employees a safe working environment; and

• (b) Provide and maintain for employees while they are at work facilities for their safety and health; and

• (c) Ensure that plant used by any employee at work is so arranged, designed, made, and maintained that it is safe for the employee to use; and

• (d) Ensure that while at work employees are not exposed to hazards arising out of the arrangement, disposal, manipulation, organisation, processing, storage, transport, working, or use of things—

  • (i) In their place of work; or

  • (ii) Near their place of work and under the employer's control; and

• (e) Develop procedures for dealing with emergencies that may arise while employees are at work.

(1) Every employer shall ensure that there are in place effective methods for—

• (a) Systematically identifying existing hazards to employees at work; and

• (b) Systematically identifying (if possible before, and otherwise as, they arise) new hazards to employees at work; and

• (c) Regularly assessing each hazard identified, and determining whether or not it is a significant hazard.

(2) Where there occurs any accident or harm in respect of which an employer is required by section 25(1) of this Act to record particulars, the employer shall take all practicable steps to ensure that the occurrence is so investigated as to determine whether it was caused by or arose from a significant hazard.

Where there is a significant hazard to employees at work, the employer shall take all practicable steps to eliminate it.

Where—

• (a) There is a significant hazard to employees at work; and

• (b) Either—

  • (i) There are no practicable steps that may be taken to eliminate it; or

  • (ii) All practicable steps to eliminate it have been taken, but it has not been eliminated,—

  the employer shall take all practicable steps to isolate it from the employees.

(1) Where—

• (a) There is a significant hazard to employees at work; and

• (b) Either—

  • (i) There are no practicable steps that may be taken to eliminate it; or

  • (ii) All practicable steps to eliminate it have been taken, but it has not been eliminated; and

• (c) Either—

  • (i) There are no practicable steps that may be taken to isolate it from the employees; or

  • (ii) All practicable steps to isolate it from the employees have been taken, but it has not been isolated,—

  the employer shall take the steps set out in subsection (2) of this section.

(2) The steps are—

• (a) To take all practicable steps to minimise the likelihood that the hazard will be a cause or source of harm to the employees; and

• (b) to provide, make accessible to, and ensure the use by the employees of suitable clothing and equipment to protect them from any harm that may be caused by or may arise out of the hazard; and

• (c) To monitor the employees' exposure to the hazard; and

• (d) To take all practicable steps to obtain the employees' consent to the monitoring of their health in relation to the hazard; and

• (e) With their informed consent, to monitor the employees' health in relation to exposure to the hazard.

(3) An employer does not comply with subsection (2)(b) by—

• (a) paying an employee an allowance or extra salary or wages instead of providing the protective clothing or equipment; or

• (b) requiring an employee to provide his or her own protective clothing or equipment as a pre-condition of employment or as a term or condition in an employment agreement.

(4) However, an employer does not have to comply with subsection (2)(b) in relation to protective clothing if—

• (a) an employee genuinely and voluntarily chooses to provide his or her own protective clothing for reasons of his or her comfort or convenience; and

• (b) the employer is satisfied that the protective clothing is suitable in terms of subsection (2)(b).

(5) An employee who has chosen to provide his or her own protective clothing under subsection (4) may, after giving reasonable notice to the employer, choose that the employer provide protective clothing under subsection (2)(b) instead of providing it himself or herself.

(6) Nothing in subsections (4) or (5) derogates from the responsibility of the employer under subsection (2)(b).

(1) This section applies to the results of any monitoring of any employee or place of work if it was undertaken in compliance with this Act; and—

• (a) If the monitoring was undertaken by or on behalf of an employer; or

• (b) If—

  • (i) The monitoring was undertaken by or on behalf of a department (within the meaning of the State Sector Act 1988); and

  • (ii) The results have been given to an employer.

(2) Subject to subsection (3) of this section, every employer shall ensure that—

• (a) Every employee is given all results to which this section applies of monitoring of the employee (whether as an individual or as one of a number of employees) in relation to health or safety; and

• (b) All employees who ask for them are given all results to which this section applies of general monitoring of—

  • (i) Conditions in the employee's place of work; or

  • (ii) The health or safety of employees there.

(3) Every employer shall ensure that—

• (a) There are omitted from all results to which this section applies given to any individual employee all information that identifies, or discloses anything about, any other individual employee; and

• (b) There are omitted from all results to which this section applies given to any group of employees all information that identifies, or discloses anything about, any employee.

(1) Every employer shall ensure that every employee who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, in a place of work has been given, and is provided with ready access to, information in a form and manner that the employee is reasonably likely to understand about—

• (a) What to do if an emergency arises while the employee is doing work of that kind, using plant of that kind, or dealing with substances of that kind, in that place; and

• (b) All identified hazards to which the employee is or may be exposed while doing work of that kind, using plant of that kind, or dealing with substances of that kind, in that place, and the steps to be taken to minimise the likelihood that the hazards will be a cause or source of harm to the employee; and

• (c) All identified hazards the employee will or may create while doing work of that kind, using plant of that kind, or dealing with substances of that kind, in that place, and the steps to be taken to minimise the likelihood that the hazards will be a cause or source of harm to other people; and

• (d) Where all necessary safety clothing, devices, equipment, and materials are kept.

(2) An employer must ensure that all health and safety representatives in a place of work have ready access to sufficient information about health and safety systems and health and safety issues in the place of work to enable the representatives to perform their functions effectively.

Every employer shall take all practicable steps to ensure that every employee who does work of any kind, or uses plant of any kind, or deals with a substance of any kind, in a place of work—

• (a) Either—

  • (i) Has; or

  • (ii) Is so supervised, by a person who has,—

  such knowledge and experience of similar places, and work, plant, or substances of that kind, as to ensure that the employee's doing the work, using the plant, or dealing with the substance, is not likely to cause harm to the employee or other people; and

• (b) Is adequately trained in the safe use of all plant, objects, substances, and protective clothing and equipment that the employee is or may be required to use or handle.

Every employer shall take all practicable steps to ensure that no action or inaction of any employee while at work harms any other person.

(1) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms—

• (a) People in the vicinity of the place (including people in the vicinity of the place solely for the purpose of recreation or leisure):

• (b) People who are lawfully at work in the place—

  • (i) As employees of the person; or

  • (ii) As contractors engaged by the person; or

  • (iii) As subcontractors to a contractor engaged by the person; or

  • (iv) As employees of a contractor or subcontractor to whom subparagraph (ii) or subparagraph (iii) applies.

(2) A person who controls a place of work (other than a home occupied by the person) must take all practicable steps to ensure that no hazard that is or arises in the place harms people—

• (a) Who are in the place with the express or implied consent of the person; and

• (b) Who—

  • (i) Have paid the person (directly or indirectly) to be there or to undertake an activity there; or

  • (ii) Are there to undertake activities that include buying or inspecting goods from whose sale the person derives or would derive (directly or indirectly) any gain or reward.

(3) A person who—

• (a) Controls a place of work (other than a home occupied by the person); and

• (b) Knows of any significant hazard that—

  • (i) Is in, or is likely to arise in, the place of work; and

  • (ii) Arises from work that is being carried on, or has been carried on, for gain or reward in the place of work; and

  • (iii) Would not, in the ordinary course of events, be reasonably expected to be in, or to be likely to arise in, a place of work of that type; and

• (c) Either—

  • (i) Expressly authorises any other person to be in the place of work; or

  • (ii) Has personally received oral advice that any other person will, under the authority of any enactment, be working in the place of work; and

• (d) Is not obliged, in relation to that other person, to comply with subsection (1) or subsection (2)—

must take all practicable steps to warn that other person of the significant hazard.

(4) Except in the case of the practicable steps required by this section to be taken in relation to any person described in subsection (2) or subsection (3)(c)(i), this section does not impose on any person who controls a place of work any duty in respect of any person who is in the place of work solely for the purpose of recreation or leisure.

(5) The warning required to be given to a person to whom subsection (3)(c)(i) applies—

• (a) Must be given to that person at the time at which the express authority to be in the place of work is given to that person; but

• (b) If the express authority is given in respect of a group of persons or a body of persons, whether corporate or unincorporate, it is sufficient if the warning is given at that time to a representative or member of that group or body of persons.

(6) The oral advice required by subsection (3)(c)(ii) must be given by the person who will be working in the place of work or by that person's employer.

Every self-employed person shall take all practicable steps to ensure that no action or inaction of the self-employed person while at work harms the self-employed person or any other person.

(1) Every principal shall take all practicable steps to ensure that—

• (a) No employee of a contractor or subcontractor; and

• (b) If an individual, no contractor or subcontractor,—

is harmed while doing any work (other than residential work) that the contractor was engaged to do.

(2) Subsection (1) of this section shall be read subject to section 2(2) of this Act.

(1) A person who hires, leases, or loans to another person plant that can be used in a place of work must—

• (a) ascertain from the other person (so far as is practicable) before hiring, leasing, or loaning the plant—

  • (i) whether the plant is to be used in a place of work; and

  • (ii) if so, the intended use of the plant; and

• (b) if he or she ascertains that it is to be used in a place of work, take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for its intended use.

(2) A person who sells or supplies (other than in a situation covered by subsection (1)) to another person plant that can be used in a place of work must take all practicable steps to ensure that the plant is designed and made, and has been maintained, so that it is safe for any known intended use or any use of that plant that the person could reasonably expect.

(3) In addition to the other obligations in this section, if a person who hires, leases, sells, or otherwise supplies to another person plant to be used in a place of work agrees to install or arrange the plant, the person must take all practicable steps to install or arrange the plant so that it is safe for its intended use.

(4) This section does not apply to the sale of plant, whether or not in trade, if the plant—

• (a) is secondhand; and

• (b) is sold as is.

(5) In subsection (4)(b), as is means that the plant is sold without any representations or warranties about its quality, durability, or fitness, and with the entire risk in those respects to be borne by the buyer.

(6) This section does not limit the Consumer Guarantees Act 1993.

Every employee shall take all practicable steps to ensure—

• (a) The employee's safety while at work (including by using suitable protective clothing and suitable protective equipment provided by the employer or, if section 10(4) applies, suitable protective clothing provided by the employee himself or herself); and

• (b) That no action or inaction of the employee while at work causes harm to any other person.

The purpose of this Part is to require the participation of employees in processes relating to health and safety in the place of work so that—

• (a) all persons with relevant knowledge and expertise can help make the place of work healthy and safe; and

• (b) when making decisions that affect employees and their work, an employer has information from employees who face the health and safety issues in practice.

(1) Every employer must provide reasonable opportunities for the employer's employees to participate effectively in ongoing processes for improvement of health and safety in the employees' places of work.

(2) Without limiting subsection (1), ongoing processes for improvement of health and safety include the matters referred to in sections 6 to 13.

(3) In complying with this Part, an employer must take into account any approved code of practice for employee participation in workplace health and safety.

(4) If a health and safety committee or a health and safety representative makes a recommendation regarding health and safety in a place of work, the employer must either adopt the proposal or provide a written statement to the health and safety committee or health and safety representative setting out the reasons for not adopting the proposal.

(5) In subsection (1), reasonable opportunities means opportunities that are reasonable in the circumstances, having regard to relevant matters such as—

• (a) the number of employees employed by the employer; and

• (b) the number of different places of work for the employees and the distance between them; and

• (c) the likely potential sources or causes of harm in the place of work; and

• (d) the nature of the work that is performed and the way that it is arranged or managed by the employer; and

• (e) the nature of the employment arrangements, including the extent and regularity of employment of seasonal or temporary employees; and

• (f) the willingness of employees and unions to develop employee participation systems; and

• (g) the overriding duty to act in good faith.

(1) This section applies if an employer employs—

• (a) fewer than 30 employees, whether or not at a single location, and 1 or more of the employees, or a union representing them, requires the development of a system for employee participation; or

• (b) 30 or more employees, whether or not at a single location.

(2) The following persons must co-operate in good faith to seek to develop, agree, implement, and maintain a system that sets out the ways in which the employer must seek to comply with section 19B(1):

• (a) the employer:

• (b) the employees who wish to be involved:

• (c) a union or unions representing any of the employees.

(3) A system must specify a process by which it must be reviewed, but otherwise may include any matters on which the employer, employees, and any union representing them, agree complies with this Part; provided that in doing so they must take into account Part 1 of Schedule 1A and Part 2 of Schedule 1A; and provided further that, at any time after the expiry of 12 months from the date the system is agreed, 1 or more employees or a union on their behalf may initiate the development of a new employee participation system in accordance with this Act.

(4) A system may include a provision increasing or decreasing the maximum—

• (a) number of days' paid leave that the employer is required to allow a health and safety representative to take for health and safety training under section 19E(1):

• (b) total number of days' paid leave that the employer is required to allow health and safety representatives to take for health and safety training under sections 19E(2) and 19F.

(5) A system may allow for more than 1 health and safety representative or health and safety committee and, in that case, each representative or committee may represent a particular type of work, or place of work of the employer, or another grouping.

(6) Subsection (2) is complied with if a system of employee participation in health and safety in the place of work is in existence that was implemented before the commencement of this section and if—

• (a) it complies with section 19B or is amended to comply with section 19B; and

• (b) it specifies a process for its review or is amended to specify a process for its review; and

• (c) it is acceptable to the persons referred to in subsection (2).

(7) If a system is no longer in place, or functioning, a new system must be developed, agreed, implemented, and maintained in accordance with this section.

Part 3 of Schedule 1A applies if an employer is required to seek to develop a system for employee participation under section 19C and a system is not developed within the relevant time period set out in Part 3 of Schedule 1A.

(1) An employer must allow a health and safety representative 2 days' paid leave each year to attend health and safety training approved under section 19G.

(2) The number of days' paid leave that an employer must allow a health and safety representative to take in a year is subject to the maximum total number of days' paid leave that that employer is required to allow under section 19F.

(3) Sections 78 and 79 of the Employment Relations Act 2000 apply when a health and safety representative is proposing to take, and is taking, the leave as if—

• (a) the representative were an eligible employee; and

• (b) the leave were employment relations education leave.

(4) In this section and section 19F, year —

• (a) means a period of 12 months beginning on 1 April and ending on the close of 31 March; and

• (b) includes the period beginning on 5 May 2003 and ending on the close of 31 March 2004.

(5) Subsections (1) and (2) are subject to section 19C(4).

(1) The maximum total number of days' paid leave that an employer is required to allow in a year under section 19E is based on the number of employees employed by the employer as at the specified date in the year, and is determined in accordance with the following table:

(2) 

(3) This section is subject to section 19C(4)(b).

(1) The Minister may approve courses of occupational health and safety training to be carried out at a place of work or elsewhere.

(2) The Minister may approve a course only if he or she is satisfied that the course is—

• (a) consistent with the object of this Act; and

• (b) relevant to the role of a health and safety representative.

(3) The Minister may delegate his or her power under subsection (1) to 1 or more persons.

(4) To avoid doubt, a course approved under this section may be a course that is also approved under section 72 of the Employment Relations Act 2000

(1) This Part does not apply to members of the Armed Forces.

(2) The Chief of Defence Force must develop and implement a system for employee participation in workplace health and safety for members of the Armed Forces.

(3) The system must be consistent with section 19B.

(4) The Chief of Defence Force must consult with the Secretary when developing the system.

In sections 19C(1) and 19F(1), an employee means an employee who has worked for his or her employer for at least 180 hours over the previous 12-month period.

(1AA) The Minister may direct the Secretary to prepare, and submit for the Minister's approval in accordance with this section, a statement, amendment, or revocation referred to in subsection (1) that relates to a particular health and safety issue.

(1) The Secretary may from time to time publish in the Gazette notice that the Secretary has asked the Minister to approve—

• (a) A statement of preferred work practices or arrangements; or

• (aa) A statement of preferred aims, arrangements, practices, or principles (or any 2 or more of those matters) for the design of plant, protective clothing, or protective equipment, of any kind or description; or

• (ab) A statement of preferred arrangements, characteristics, components, configurations, elements, or states (or any 2 or more of those matters) for manufactured plant, manufactured protective clothing, or manufactured protective equipment, of any kind or description; or

• (ac) A statement of preferred characteristics for any manufactured or processed substance used or capable of being used—

  • (i) In or in connection with any protective clothing or protective equipment; or

  • (ii) Otherwise for or in connection with protecting people from hazards; or

• (ad) a statement of preferred practices or arrangements relating to employee participation in health and safety in the place of work; or

• (b) The amendment or revocation of an approved code of practice.

(2) A notice that the Secretary has asked the Minister to approve a statement under subsection (1) shall include a description of the general purport of the statement; and a notice that the Secretary has asked the Minister to approve the amendment of an approved code of practice shall include a description of the general purport of the amendment.

(3) Subject to subsection (13) of this section, if—

• (a) At least a month has passed since the publication of a notice under subsection (1) of this section; and

• (b) The Minister has—

  • (i) Consulted all persons affected, or reasonably likely to be affected, by the statement, amendment, or revocation concerned (or representatives of those persons); and

  • (ii) Given them a reasonable time within which to comment; and—

  • (iii) Considered all written comments (from any person) received within that time,—

  the Minister may, by notice in the Gazette, approve the statement, amendment, or revocation.

(4) A notice under subsection (3) of this section shall come into force on the later of the following days:

• (a) The 28th day after the date of its publication in the Gazette:

• (b) A day specified in the notice.

(5) The publication by the Minister of a notice in the Gazette approving a statement, amendment, or revocation is conclusive proof that subsection (3)(b) of this section has been complied with in respect of the notice.

(6) The Secretary shall ensure that at all reasonable times copies of approved codes of practice are available at every office of the Department that deals with matters relating to health and safety in employment for inspection and copying by the public.

(7) The Secretary may charge any person a reasonable fee for—

• (a) Providing the person with a copy of an approved code of practice; or

• (b) Allowing the person to use equipment under the Secretary's control to copy all or any part of an approved code of practice.

(8) Nothing in subsection (6) or subsection (7) of this section requires the Secretary to allow any person to use equipment under the Secretary's control to copy all or any part of an approved code of practice.

(9) A Court may, in determining whether or not a person charged with failing to comply with any provision of this Act has complied with the provision, have regard to any approved code of practice that—

• (a) Was in force at the time of the alleged failure; and

• (b) In the form in which it was then in force, related to matters of a kind to which the provision relates.

(10) In the absence of proof to the contrary, a document purporting to be an approved code of practice, or an amendment of an approved code of practice, issued by the Secretary shall in any proceedings be deemed to be an approved code of practice or an amendment of an approved code of practice.

(11) Nothing in subsection (10) of this section limits any method of proof of an approved code of practice or an amendment of an approved code of practice.

(12) Subject to subsection (13) of this section, an approved code of practice may incorporate, adopt, or apply, with or without modification, all or any part of any other document prepared or issued by any body or authority, including the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996.

(13) The Minister shall not—

• (a) adopt with modification—

  • (i) any document previously approved by another Minister of the Crown; or

  • (ii) any compliance document (within the meaning of the Building Act 2004); or.

• (b) Approve any amendment of any part of a code of practice that comprises a document referred to in paragraph (a),—

without the consent of the other Minister (or the the chief executive of the department of State responsible for the administration of the Building Act 2004).

(1) Subject to subsection (2) of this section, the Governor-General may from time to time, on the recommendation of the Minister, by Order in Council, make regulations—

• (a) Imposing duties relating to the health or safety of employees or other people on all or any of the following:

  • (i) Employers, and other persons who or that control places of work:

  • (ii) Employees:

  • (iii) Designers, manufacturers, sellers, and suppliers, of plant, substances, protective clothing, or protective equipment:

  • (iv) principals, or self-employed persons:

• (b) Providing for any other matters contemplated by, or necessary for giving full effect to, this Act.

(2) The Minister shall not recommend the making of any regulations without first consulting all persons and organisations the Minister thinks appropriate, having regard to the regulations' content.

(3) The Minister, before recommending the making of any regulations relating to hazardous substances or new organisms, shall consult with the Environmental Risk Management Authority established under the Hazardous Substances and New Organisms Act 1996 about the contents of such regulations, and shall take into account any submissions made by that Authority.

Regulations under section 21(1)(a) of this Act may impose duties—

• (a) On all employers or other persons who or that control places of work:

• (b) On employers, or other persons who or that control places of work, of a particular kind or description:

• (c) On all employees:

• (d) On employees of a particular kind or description:

• (e) On all manufacturers, sellers, or suppliers of plant, substances, protective clothing, or protective equipment:

• (f) On manufacturers, sellers, or suppliers of plant, substances, protective clothing, or protective equipment, of a particular kind or description:

• (g) On manufacturers, sellers, or suppliers, of a particular kind or description, of plant, substances, protective clothing, or protective equipment:

• (h) In respect of places of work, plant, processes, activities, or substances, of all kinds and descriptions:

• (i) In respect of places of work, plant, processes, activities, or substances, of a particular kind or description.

(1) Regulations made under section 21(1)(a) of this Act may provide for all or any of the following matters:

• (a) The registration, licensing, or certification of plant, and places of work:

• (b) The recording, notification, and investigation of the occurrence in places of work of events that (whether or not any person was in fact harmed) might have caused any person serious harm:

• (c) The notification of the use of plant, places of work, substances, or work, of a particular kind:

• (d) The notification of the use of plant, places of work, or substances in a particular manner or for a particular purpose:

• (e) Persons engaged in particular work or activities to hold, or employ people holding, certificates of competence or registration:

• (f) The issue, renewal, cancellation, and suspension of certificates of competence, and the examination of applicants for certificates of competence:

• (g) The recognition and withdrawal of recognition of organisations issuing certificates empowering other organisations, and individuals, to undertake functions and tasks:

• (h) The issue, renewal, cancellation, and suspension by recognised organisations of certificates empowering other organisations, and individuals, to undertake functions and tasks:

• (i) The undertaking of functions and tasks by the holders of certificates issued by recognised organisations:

• (j) The payment of fees in respect of—

  • (i) Matters provided for in this Act; and

  • (ii) Acts performed and services provided under this Act:

• (k) The granting of exemption from any obligation or requirement under the regulations:

• (l) The approval, and withdrawal of approval, of testing institutions:

• (m) The procedures of inquiries under section 27 of this Act:

• (n) The provision of accommodation for employees, contractors, subcontractors, or employees of contractors or subcontractors.

(2) Regulations made under section 21(1)(a) of this Act may incorporate by reference all or any part of any—

• (a) New Zealand Standard:

• (b) Standard, requirement, recommended practice, rule, statute, or regulation, of any foreign government or organisation:

• (c) Document published by or by the authority of the Government of New Zealand.

(3) Any material incorporated in regulations by reference shall be deemed for all purposes to form part of the regulations; but any amendment made to the material after the commencement of the regulations shall not have effect until regulations have been made incorporating the amendment into the regulations.

(4) A copy of all material incorporated in regulations by reference shall be made available at the Head Office of the Department for inspection by the public free of charge.

(5) Regulations made under section 21(1)(a) of this Act may impose prohibitions.

(6) Regulations made under section 21(1)(a) of this Act may apply differently to people of a differing age or health status, and may apply only to people of a particular age or health status.

(7) The fact that any provision of any regulations made under this Act contains an example does not limit or affect the generality of any other provision of those regulations.

Regulations that—

• (a) Were made under an enactment repealed by this Act (whether alone or in conjunction with any other enactment or enactments); and

• (b) Have not been revoked by this Act,—

may be amended or revoked by regulations made under this Act; but until so revoked shall continue in force as if that enactment had not been repealed.

(1) Every employer shall maintain (in the prescribed form) a register of accidents and serious harm; and shall record in the register the prescribed particulars relating to—

• (a) Every accident that harmed (or, as the case may be, might have harmed)—

  • (i) Any employee at work; or

  • (ii) Any person in a place of work controlled by the employer; and

• (b) Every occurrence of serious harm to an employee at work, or as a result of any hazard to which the employee was exposed while at work, in the employment of the employer.

(1A) Every self-employed person must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to—

• (a) every accident that harmed (or, as the case may be, might have harmed) the self-employed person at work; and

• (b) every accident resulting from the work of the self-employed person that harmed (or, as the case may be, might have harmed) any person; and

• (c) every occurrence of serious harm to the self-employed person—

  • (i) while at work; or

  • (ii) as a result of any hazard to which the self-employed person was exposed while at work.

(1B) Every principal must maintain (in the prescribed form) a register of accidents and serious harm, and must record in the register the prescribed particulars relating to—

• (a) every accident that the principal becomes aware of that harmed (or, as the case may be, might have harmed) a self-employed person while at work and contracted to the principal; and

• (b) every accident that the principal becomes aware of—

  • (i) resulting from the work of a self-employed person while at work and contracted to the principal; and

  • (ii) that harmed (or, as the case may be, might have harmed) any person; and

• (c) every occurrence of serious harm to a self-employed person—

  • (i) while at work and contracted to the principal, or

  • (ii) as a result of any hazard to which the self-employed person was exposed while at work and contracted to the principal.

(1C) Subsection (1B) does not require the occupier of a home to maintain a register or record accidents or serious harm that occur to self-employed persons at work in the home.

(2) Subsection (3) of this section applies to—

• (a) Serious harm in respect of which an employer, self-employed person, or principal is required by this section to record particulars; and

• (b) Accidents of a kind or description required by regulations made under section 21 of this Act to be notified to the Secretary.

(3) If there occurs any serious harm or accident to which this subsection applies, the employer, self-employed person, or principal concerned must,—

• (a) as soon as possible after the occurrence becomes known to the employer, self-employed person, or principal, notify the Secretary of the occurrence; and

• (b) within 7 days after the occurrence, or, if the occurrence is not known to the employer, self-employed person, or principal within that period, as soon as possible after it becomes known, give the Secretary written notice, in the prescribed manner, of the circumstances of the occurrence.

(4) Notification of an accident in accordance with either or both of the following provisions is compliance with subsection (3)(a):

• (a) section 17(3) of the Gas Act 1992:

• (b) section 16(3) of the Electricity Act 1992.

The Secretary must, as soon as practicable after he or she is notified of an accident under section 25, provide the notice or information that has been given to the Secretary to—

• (a) the person who must be notified of the particulars of an accident under section 17(3) of the Gas Act 1992 if the Secretary is of the opinion that section 17 of that Act applies to the accident; and

• (b) the person who must be notified of the particulars of an accident under section 16(3) of the Electricity Act 1992 if the Secretary is of the opinion that section 16 of that Act applies to the accident.

(1) Where a person is seriously harmed while at work, no person shall, unless authorised to do so by an inspector, remove or in any way interfere with or disturb any wreckage, article, or thing related to the incident except to the extent necessary—

• (a) To save the life of, prevent harm to, or relieve the suffering of, any person; or

• (b) To maintain the access of the general public to an essential service or utility; or

• (c) To prevent serious damage to or serious loss of property.

(2) Subsection (1) of this section does not apply where a person is seriously harmed by—

• (a) An accident involving a motor vehicle on a public highway; or

• (b) An accident being investigated under Part 8 of the Shipping and Seamen Act 1952, the Armed Forces Discipline Act 1971, the Civil Aviation Act 1990, the Transport Accident Investigation Commission Act 1990, the Electricity Act 1992, or the Gas Act 1992; or

• (c) An accident being investigated by a member of the Police.

(1) If an accident happens at any place of work, or if any person is seriously harmed while at work, the Minister may, after consultation with the Minister of the Crown who is responsible for the Department for Courts, direct an inquiry to be held before a District Court Judge.

(2) To assist the Judge, the Minister may appoint 2 or more people with skills or knowledge relevant to the subject-matter of the inquiry.

(3) The Judge may hold the inquiry at any times and places the Judge appoints, and shall report on the cause of the accident to the Minister.

(4) The Judge has all the powers of a Commission of Inquiry under the Commissions of Inquiry Act 1908; and subject to subsections (2) and (3) of this section, that Act shall apply accordingly.

(5) Nothing in subsection (1) of this section applies to an accident or occurrence that is being (or has been) investigated under the Armed Forces Discipline Act 1971.

If so requested by a coroner, an inspector shall give the coroner a written report on the circumstances of any fatal accident that occurred at a place of work.

(1) An employee may refuse to do work if the employee believes that the work that the employee is required to perform is likely to cause serious harm to him or her.

(2) An employee who, under subsection (1), is refusing to do work may continue to refuse to do the work if—

• (a) the employee attempts to resolve the matter with the employer as soon as practicable after first refusing to do the work; and

• (b) the matter is not resolved; and

• (c) the employee believes on reasonable grounds that the work is likely to cause serious harm to him or her.

(3) Without limiting subsection (2)(c), reasonable grounds exist for the purpose of that paragraph if a health and safety representative has advised the employee that the work that the employee is required to perform is likely to cause serious harm to the employee.

(4) A health and safety representative must not give advice under subsection (3) unless he or she has reasonable grounds for believing that the work that the employee is required to perform is likely to cause serious harm to the employee.

(5) An employee may not refuse to do work that, because of its nature, inherently or usually carries an understood risk of serious harm unless the risk has materially increased beyond the understood risk.

(6) An employee who refuses to do work must do any other work within the scope of the employee's employment agreement that the employer reasonably requests.

(7) This section does not limit an employee's right to refuse to do work under another enactment or the general law.

(8) To avoid doubt—

• (a) in situations to which this section applies, the employer, employee, and health and safety representative must deal with each other in good faith; and

• (b) a question about the application of this section to a particular situation is an employment relationship problem for the purposes of the Employment Relations Act 2000.

(9) Subsection (8)(b) does not apply to members of the Armed Forces.

(1) The Prime Minister may, having regard to the specialist knowledge of relevant agencies, by notice in the Gazette, designate an agency to administer this Act for a particular industry, sector, or type of work.

(2) In carrying out functions under this Act, the chief executive of the agency must comply with policy directions on occupational safety and health given to him or her and signed by the Minister and the Minister responsible for that agency.

(3) A copy of the policy direction must be presented to the House of Representatives within 10 working days after the date that it is given to the chief executive.

(4) This Act applies as if references to the Secretary were references to the chief executive of the agency.

(5) In this section,—

(1) The Secretary may appoint any person who has passed the prescribed examinations or acquired the prescribed experience to be a health and safety inspector for the purposes of this Act.

(2) An inspector shall perform and exercise the functions and powers of an inspector subject to the directions and conditions (if any) for the time being imposed by the Secretary.

(3) Every inspector shall have a certificate of appointment, in a form approved by the Secretary.

The functions of an inspector are—

• (a) To help employers, employees, and other persons to improve safety at places of work, and the safety of people at work, by providing information and education; and

• (b) To ascertain whether or not this Act has been, is being, or is likely to be complied with; and

• (c) To take all reasonable steps to ensure that this Act is being complied with; and

• (d) All other functions conferred on inspectors by this Act or any other enactment.

(1) For the purpose of performing any function as an inspector, any inspector may at any reasonable time enter any place of work and—

• (a) Conduct examinations, tests, inquiries, and inspections, or direct the employer or any other person who or that controls the place of work, to conduct examinations, tests, inquiries, or inspections:

• (b) Be accompanied and assisted by any other people and bring into the place of work any equipment necessary to carry out the inspector's functions:

• (c) Take photographs and measurements and make sketches and recordings:

• (d) Require the employer, or any other person who or that controls the place of work, to ensure that the place of work or any place or thing in the place of work specified by the inspector is not disturbed for a reasonable period pending any examination, test, inquiry, or inspection:

• (e) Require the employer, or any other person who or that controls the place of work, to produce documents or information relating to the place of work or the employees who work there and permit the inspector to examine and make copies or extracts of the documents and information:

• (f) Require the employer, or any other person who or that controls the place of work, to make or provide statements, in any form and manner the inspector specifies, about conditions, material, or equipment that affect the safety or health of employees who work there.

(1A) An inspector may do any of the things referred to in subsection (1), whether or not—

• (a) the inspector or the person whom the inspector is dealing with is in the place of work; or

• (b) the place of work is still a place of work; or

• (c) the employer's employees work in the place of work; or

• (d) the person who was in control of the place of work is still in control of it; or

• (e) the employer's employees are still employed by the employer; or

• (f) in respect of a document or information, the document or information is—

  • (i) in the place of work; or

  • (ii) in the place where the inspector is; or

  • (iii) in another place.

(2) Notwithstanding subsection (1) or subsection (1A) of this section, an inspector shall not enter a place of work—

• (a) That is, or is within, a home; or

• (b) Through a home,—

except with the consent of an occupier or pursuant to a warrant issued under subsection (3) of this section.

(3) A District Court Judge who, on application made on oath, is satisfied that there is reasonable ground for believing that a home—

• (a) Is a place of work or has a place of work inside it; or

• (b) Is the only practicable means through which a place of work may be entered,—

may issue to an inspector named in it a warrant to enter any part of the home that is, or is the only practicable means through which the inspector may enter, the place of work.

(4) Notwithstanding subsection (1) of this section, an inspector shall not enter a defence area (within the meaning of section 2(1) of the Defence Act 1990) except in accordance with a written agreement between the Secretary and the Chief of Defence Force entered into for the purposes of this section and for the time being in force.

(5) Notwithstanding subsection (1)(e) of this section, if all or any part of a document, or of any information, relates to any person's health status and identifies the person, no inspector shall, without the person's consent,—

• (a) Require any person to produce; or

• (b) Examine; or

• (c) Make any copy or extract from,—

the document or information (or that part of the document or information).

(6) No person is required on examination or inquiry under this section to give any answer or information tending to incriminate the person.

(1) Every inspector who enters any place of work under the authority of this Act shall, on first entering and, if requested, at any later time, produce to the person apparently in charge the inspector's certificate of appointment.

(2) Where an inspector enters any place of work under the authority of this Act and is unable, despite reasonable efforts, to find any person apparently in charge, the inspector shall before leaving the place of work leave a written notice stating—

• (a) The inspector's identity; and

• (b) The address of a place where the inspector may be contacted; and

• (c) The date and time of entry; and

• (d) The inspector's reasons for entering.

(1) An inspector who enters a place of work or a former place of work under section 31 may take or remove a sample of a substance or thing for analysis, or seize and retain any material, substance, or thing, for the purpose of—

• (a) monitoring conditions in the place; or

• (b) determining the nature of any material or substance in the place; or

• (c) determining whether or not this Act has been, is being, or is likely to be complied with; or

• (d) gathering evidence to support the taking of enforcement action.

(2) Where an inspector removes or retains a sample, material, substance, or thing under subsection (1) of this section, the following provisions shall apply:

• (a) As soon as it is reasonable after removing or retaining it, the inspector shall give the employer or other person apparently in charge of the place of work concerned written notice of—

  • (i) What has been (or is being) removed or retained; and

  • (ii) Why it has been (or is being) removed or retained; and

  • (iii) Where it will be kept in the meantime:

• (b) Subject to paragraph (c) of this subsection, within 7 days of removing or retaining it, the inspector shall give the employer or other person apparently in charge of the place of work concerned written notice of whether the inspector intends to return it or destroy it:

• (c) Where it is practicable to do so the sample, material, substance, or thing shall be returned to its owner—

  • (i) When it is no longer required for any purpose under this Act (or any other enactment); or

  • (ii) If a Court earlier orders its return.

(3) This section does not allow an inspector to take a sample from a person's body unless the inspector has that person's informed consent to the taking of the sample.

(1) The Secretary may appoint any medical practitioner to be a departmental medical practitioner.

(2) A departmental medical practitioner shall exercise the powers of a departmental medical practitioner subject to the directions and conditions (if any) for the time being imposed by the Secretary.

(3) Every departmental medical practitioner shall have a certificate of appointment, in a form approved by the Secretary.

(4) A departmental medical practitioner ceases to be a departmental medical practitioner on ceasing to be a medical practitioner.

For the purposes of this Act, any departmental medical practitioner may at any reasonable time enter any place of work and do anything specified in any of paragraphs (a), (b), (c), and (e) of section 31(1) of this Act as if the departmental medical practitioner is an inspector; and subsections (2) to (4), and (6) of section 31, and section 32 of this Act shall have effect accordingly.

If satisfied that—

• (a) Any employee is, has been, or may have been, exposed to a significant hazard while at work; and

• (b) By examining the employee or causing a sample taken from the employee to be tested or analysed, it is likely to be possible to determine—

  • (i) Whether or not the employee is or has been exposed to the hazard; or

  • (ii) The extent to which the employee is or has been exposed to the hazard; or

  • (iii) The extent to which the employee's health has been or may have been affected by exposure to the hazard,—

  a departmental medical practitioner may, by notice in writing to the employee, require the employee—

• (c) To—

  • (i) Be examined by a medical practitioner; and

  • (ii) Provide to the departmental medical practitioner a certificate from the medical practitioner as to the employee's fitness for work; or

• (d) To—

  • (i) Allow a person (or person of a kind) specified in the notice to take from the employee a sample of a kind specified in the notice; and

  • (ii) Have the sample tested or analysed by a person (or person of a kind) specified in the notice in a manner specified in the notice; and

  • (iii) Provide the departmental medical practitioner with a written report from the person who tests or analyses the sample on the results of the tests and analyses done; or

• (e) Both.

(1) If satisfied on reasonable grounds that—

• (a) An employee—

  • (i) Is, has been, or may have been, exposed to a significant hazard while at work; and

  • (ii) Has failed or refused, without reasonable cause, to comply with a notice under section 36 of this Act; or

• (b) An employee has been so harmed by exposure to a significant hazard while at work that the employee should not continue to be exposed to the hazard,—

the departmental medical practitioner may, by written notice to the employee (a copy of which the departmental medical practitioner shall give to the employer),—

• (c) Require the employee to cease doing anything specified in the notice that, in the departmental medical practitioner's opinion, constitutes, causes, or enhances the employee's exposure to the hazard; and

• (d) Require the employer to ensure that the employee ceases doing the thing or things specified in the notice.

(2) Every employee and employer shall comply with a suspension notice.

Sections 44 to 48, 57, and 58 of this Act shall have effect in relation to departmental medical practitioners and suspension notices as if—

• (a) Every reference to an inspector is a reference to a departmental medical practitioner; and

• (b) Every reference to a notice is a reference to a suspension notice.

(1) An inspector who believes on reasonable grounds that any person is failing to comply with any provision of this Act may give the person written notice to comply with the provision.

(2) An inspector who believes that—

• (a) Any person has failed to comply with any provision of this Act; and

• (b) The failure (or a similar failure) is likely to occur again,—

may give the person written notice to comply with the provision.

(3) An improvement notice shall state that the inspector concerned believes that the person to whom or which it relates is failing, or has failed and is likely to fail again, to comply with a provision of this Act, and shall specify—

• (a) The provision; and

• (b) The inspector's reasons for believing that the person is failing, or has failed and is likely to fail again, to comply with it; and

• (c) The nature of the failure or likely failure; and

• (d) A day before which compliance is to be completed.

(4) An improvement notice may specify steps that could be taken to ensure compliance with the provision concerned.

(5) Every person to whom or to which an improvement notice is given or posted shall comply with it.

(1) An improvement notice may be—

• (a) Given to a person to whom or which it relates; or

• (b) Given to a person apparently in charge of any activity, building, place of work, plant, process, situation, structure, or substance to which the provision of this Act that the inspector believes has not been complied with applies; or

• (c) Posted to any such person by registered letter.

(2) An improvement notice posted under subsection (1)(c) of this section shall be deemed to have been received on the 7th day after it was posted.

(1) An inspector who believes that, by virtue of a failure to comply with a provision of this Act, there is a likelihood of serious harm to any person may give written notice to stop the carrying on, continuing, operating, storing, transporting, or use of the activity, building, place of work, plant, process, situation, structure, or substance, that the inspector believes to constitute the hazard that is likely to cause the harm concerned until an inspector is satisfied that measures sufficient to eliminate the hazard, or minimise the likelihood that the hazard will be a source of harm, have been taken.

(2) A prohibition notice shall specify—

• (a) The hazard to which it relates; and

• (b) The inspector's reasons for believing that it is likely to cause the harm concerned.

(3) A prohibition notice may require the withdrawal of all employees of a specified kind or description except such employees as may be necessary to deal with the hazard.

(4) A prohibition notice may specify steps that could be taken to eliminate the hazard concerned or minimise the likelihood that the hazard will be a source of harm.

(1) The inspector who gives a prohibition notice shall fix it to or near the part of the place of work or plant to which it relates; and no person shall remove it unless authorised by an inspector.

(2) The inspector shall give a copy of the notice to any person apparently in charge of the activity, building, place of work, plant, process, situation, structure, or substance, that the inspector believes to constitute the hazard that has caused or is likely to cause the harm concerned.

Every person to whom a prohibition notice is given, and every person who controls a place of work or any plant to which a prohibition notice relates, shall ensure that no action is taken in contravention of it.

An inspector's notice may be addressed to any person under the person's legal name or usual business name or style.

(1) If an inspector has given any notice, authorisation, or consent under this Act (whether or not subject to conditions) any inspector may—

• (a) Take further steps on or in relation to it; or

• (b) Revoke or withdraw it; or

• (c) From time to time vary it; or

• (d) Revoke, or from time to time vary, any condition on or subject to which it was given.

(2) This section does not apply to an infringement notice.

(1) Any person affected by an inspector's notice or any variation of an inspector's notice may, within 14 days of its being given, appeal against it to a District Court on the grounds that it is unreasonable.

(2) The Court shall inquire into the circumstances of the notice or variation, and may vary, rescind, or confirm it.

(3) An appeal against an inspector's notice or variation does not operate as a stay of the notice or variation.

(4) Subsections (1) to (3) of this section shall have effect in respect of—

• (a) Any notice given by an inspector under regulations made under this Act; and

• (b) Any failure or refusal by an inspector to give or allow an exemption, suspension, or variation provided for in regulations made under this Act,—

as if it is an inspector's notice.

(1) In this section,—

(2) Subsection (3) applies if a trained health and safety representative—

• (a) believes on reasonable grounds that there is a hazard in the place of work of the representative's employer; and

• (b) has brought the hazard to the attention of the employer; and

• (c) has discussed or attempted to discuss with the employer steps for dealing with the hazard.

(3) The trained health and safety representative may give the employer a hazard notice if—

• (a) the employer refuses to discuss, or take steps to deal with, the hazard; or

• (b) the employer and representative do not agree on the steps that must be taken or the time within which the steps must be taken to deal with the hazard; or

• (c) the representative believes on reasonable grounds that the employer has failed to meet the requirements of section 6 in relation to the hazard within a time agreed during the discussion.

(4) If a hazard notice has been given by a trained health and safety representative, the representative may notify an inspector of that fact.

(5) To avoid doubt, where this section applies, the employer and trained health and safety representative must deal with each other in good faith.

(6) In this section, employer includes a representative of the employer.

Every person on whom or which any duty is imposed by this Act—

• (a) Shall at all reasonable times furnish; and

• (b) Shall ensure that at all reasonable times the person's agents and employees furnish,—

the means required by any inspector for an entry, inspection, examination, inquiry, or the exercise of any other power, under this Act in relation to the duty.

No person shall without reasonable cause—

• (a) Obstruct, delay, hinder, or deceive; or

• (b) Cause to be obstructed, delayed, hindered, or deceived,—

any inspector while the inspector is lawfully exercising or performing any power, function or duty under this Act.

(1) Where—

• (a) A person who, knowing that any action is reasonably likely to cause serious harm to any person, takes the action; and

• (b) The action is contrary to a provision of this Act,—

the person commits an offence against this Act.

(2) Where—

• (a) A person who, knowing that failure to take any action is reasonably likely to cause serious harm to any person, fails to take the action; and

• (b) The person is required by this Act to take the action,—

the person commits an offence against this Act.

(3) Every person who commits an offence under this section is liable on conviction to—

• (a) imprisonment for a term of not more than 2 years; or

• (b) a fine of not more than $500,000; or

• (c) Both.

(4) A person charged with an offence under this section may be convicted of an offence against section 50 of this Act as if the person had been charged under that section.

(1) Every person commits an offence, and is liable on summary conviction to a fine not exceeding $250,000, who fails to comply with the requirements of—

• (a) a provision of Part 2 other than section 16(3); or

• (b) section 19B, section 25, section 26, section 37(2), section 39(5), section 42(1), section 43, section 47, section 48, section 56I(2), section 58, or clause 6 of Schedule 1A; or

• (c) a provision of any regulations made under this Act, or continued in force by section 24, declared by the regulations to be a provision to which this section applies.

(2) Every person who fails to comply with section 16(3) commits an offence, and is liable on summary conviction to a fine not exceeding $10,000.

Notwithstanding sections 49 and 50 of this Act, where any employee harms any person by taking any action necessary for the protection of that person or any other person from harm,—

• (a) The employee does not thereby commit an offence against section 19 of this Act; and

• (b) The employee's employer does not thereby commit an offence against section 15 of this Act.

(1) This section applies when the Court is determining how to sentence or otherwise deal with a person convicted of an offence under this Act.

(2) The Court must apply the Sentencing Act 2002 and must have particular regard to—

• (a) sections 7 to 10 of that Act; and

• (b) the requirements of sections 35 and 40 of that Act relating to the financial capacity of the person to pay any fine or sentence of reparation imposed; and

• (c) the degree of harm, if any, that has occurred; and

• (d) the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C) to the extent that it shows whether any aggravating factor is absent; and

• (e) whether the person has—

  • (i) pleaded guilty:

  • (ii) shown remorse for the offence and any harm caused by the offence:

  • (iii) co-operated with the authorities in relation to the investigation and prosecution of the offence:

  • (iv) taken remedial action to prevent circumstances of the kind that led to the commission of the offence occurring in the future.

(3) This section does not limit the Sentencing Act 2002.

In a matter involving an infringement notice or in a prosecution for an offence against section 50, it is not necessary to prove that the defendant—

• (a) intended to take the action alleged to constitute the infringement offence or offence; or

• (b) intended not to take the action, the failure to take which is alleged to constitute the infringement offence or offence.

(1) A person may notify the Secretary in the prescribed manner that the person has an interest in knowing whether a particular matter has been, is, or is to be, subject to the taking of enforcement action by an inspector.

(2) The Secretary must ensure that the person who sent the notice is notified of—

• (a) any decision already made, or subsequently made, by an inspector as to whether or not to take enforcement action in respect of the matter, but not the reasons for the decision; and

• (b) any information that the Secretary is aware of relating to whether an enforcement authority has taken prosecution action as described in section 54A(2)(b).

(3) In this section and section 54A, enforcement authority includes the New Zealand Police, the Civil Aviation Authority, the New Zealand Transport Agency, and Maritime New Zealand.

(1) An inspector may lay an information in respect of an offence under this Act unless an infringement notice has been issued to the same defendant in respect of the same matter.

(2) A person other than an inspector may lay an information in respect of an offence under this Act only if—

• (a) an inspector or another person has not taken enforcement action against any possible defendant in respect of the same matter; and

• (b) an enforcement authority has not taken prosecution action under any other Act against any possible defendant in respect of the same incident, situation, or set of circumstances; and

• (c) any person has received notification from the Secretary under section 54(2) that an inspector has not and will not take enforcement action against any possible defendant in respect of the same matter.

(3) Despite subsection (2)(b), a person may lay an information even though an enforcement authority has taken prosecution action if—

• (a) the person has leave of the Court to lay the information; and

• (b) subsection (2)(a) and (c) is complied with.

(1) An information in respect of an offence against this Act may be laid at any time within 6 months after the earlier of—

• (a) the date when the incident, situation, or set of circumstances to which the offence relates first became known to an inspector; or

• (b) the date when the incident, situation, or set of circumstances to which the offence relates should reasonably have become known to an inspector.

(2) This section is subject to sections 54C and 54D.

(1) This section applies if—

• (a) an inspector or another person has not taken enforcement action in respect of a matter; and

• (b) the Secretary has notified relevant persons under section 54(2)(a) that an inspector has not and will not take enforcement action against any possible defendant in respect of the matter.

(2) On application, the District Court may extend the time for a person other than an inspector to lay an information.

(3) An application under subsection (2) must be made within 1 month after receiving notice from the Secretary under subsection (1)(b).

(4) The Court must not grant an extension of time unless it is satisfied—

• (a) that another person wishes to decide whether to lay an information in respect of that matter; and

• (b) it is unreasonable, having regard to the time taken by an inspector to respond to the matter, to expect, or to have expected, the person to make that decision before the 6-month period referred to in section 54B expires; and

• (c) an application under section 54D has not been made.

(5) The Court must give the following persons an opportunity to be heard:

• (a) the person seeking the extension:

• (b) any proposed defendant:

• (c) any other person who has an interest in whether or not an information should be laid, being a person described in section 54(1).

(1) This section applies if an inspector considers that he or she will not be able to lay an information by the end of the 6-month period referred to in section 54B.

(2) On application, the District Court may extend the time for laying an information.

(3) An application under subsection (2) must be made within the 6-month period.

(4) The Court must not grant an extension unless it is satisfied that—

• (a) an inspector reasonably requires longer than the 6-month period to decide whether to lay an information; and

• (b) the reason for requiring the longer period is that the investigation of the events and issues surrounding the alleged offence is complex or time consuming; and

• (c) it is in the public interest in the circumstances that an information is able to be laid after the 6-month period expires; and

• (d) laying the information after the 6-month period expires will not unfairly prejudice the proposed defendant in defending the charge.

(5) The Court must give the following persons an opportunity to be heard:

• (a) the person seeking the extension:

• (b) the proposed defendant:

• (c) any other person who has an interest in whether or not an information should be laid, being a person described in section 54(1).

Nothing in this Act prevents the taking of enforcement action by an inspector or another person in respect of a matter, despite enforcement action having been taken in respect of the matter, if the matter is continuing or repeated.

(1) An information laid by an inspector in respect of any offence against this Act may be proceeded with and conducted by the informant, any other inspector, or any other person permitted by the Court to proceed with and conduct it.

(2) For the purposes of subsection (1) of this section, no person shall be called on to prove that—

• (a) The person is an inspector; or

• (b) An information was laid by an inspector.

(3) In any proceedings for an offence against this Act in respect of a duty imposed by this Act on employers or persons who control places of work, it is enough to state the name or title under which a person who or that is ostensibly an employer or such a person is usually known or appears to carry on business; and the Court may from time to time amend the indictment or information as to the actual name of the defendant.

(3A) Subsection (3) is subject to section 3(2).

(4) In addition to any penalty imposed, a Court may require a person convicted of an offence against this Act to remedy any matter in respect of which the person was convicted.

(5) An inspector may lay an information for an offence against the Department of Labour, or any other agency designated under section 28B to administer this Act, only with the authority of the Solicitor-General.

(6) If the Solicitor-General gives authority under subsection (5), the inspector must be represented in the proceedings by the Crown Solicitor.

(1) Where a body corporate fails to comply with a provision of this Act, any of its officers, directors, or agents who directed, authorised, assented to, acquiesced in, or participated in, the failure is a party to and guilty of the failure and is liable on conviction to the punishment provided for the offence, whether or not the body corporate has been prosecuted or convicted.

(2) If a Crown organisation fails to comply with a provision of this Act, any of its officers, directors, agents, or employees concerned in the management of the organisation who directed, authorised, assented to, acquiesced in, or participated in the failure is a party to, and guilty of, the failure and is liable on conviction to the punishment provided for the offence, whether or not the Crown organisation has been prosecuted or convicted.

In sections 56B to 56H, an infringement offence means an offence described in section 50(1).

(1) An inspector may issue an infringement notice if—

• (a) the inspector believes on reasonable grounds that the person is committing, or has committed, an infringement offence; and

• (b) the person has had prior warning of the infringement offence under section 56C; and

• (c) an inspector or another person has not taken enforcement action against the same defendant in respect of the same matter.

(2) An inspector may revoke an infringement notice before the infringement fee is paid, or an order for payment of a fine is made or deemed to be made by a Court under section 21 of the Summary Proceedings Act 1957.

(3) An infringement notice is revoked by giving written notice to the person to whom it was issued that the notice is revoked.

A person has had prior warning of an infringement offence if the person has been the subject of 1 or more of the following for an infringement offence arising out of, or relating to, the same or a similar matter:

• (a) a written warning from an inspector:

• (b) an improvement notice:

• (c) a prohibition notice:

• (d) an infringement notice:

• (e) a conviction for an offence under this Act:

• (f) a hazard notice:

• (g) a compliance order.

(1) If an inspector is considering issuing to a natural person an infringement notice, the inspector may require the person to provide all or any of the following details:

• (a) the person's full name:

• (b) whether, in relation to the place of work, the person is 1 or more of the following:

  • (i) an employer:

  • (ii) an employee:

  • (iii) a self-employed person:

  • (iv) a principal:

  • (v) a contractor:

  • (vi) a subcontractor:

  • (vii) a person who controls the place of work:

• (c) the person's date of birth:

• (d) the person's residential address and, if different, postal address.

(2) If an inspector is considering issuing an infringement notice to a person that is a body corporate, the inspector may require a person who appears to represent the body corporate to provide all or any of the following details:

• (a) the body corporate's legal name:

• (b) whether, in relation to the place of work, the body corporate is 1 or more of the following:

  • (i) an employer:

  • (ii) a principal:

  • (iii) a contractor:

  • (iv) a subcontractor:

  • (v) a person who controls the place of work:

• (c) the postal address of the body corporate.

(1) An infringement notice may not be issued after the close of the 14th day after the inspector becomes aware of the alleged infringement offence.

(2) An infringement notice may be served on a person—

• (a) by delivering it personally to the person who appears to have committed the infringement offence; or

• (b) by sending it by post, addressed to the person at the person's last known place of residence or business.

(3) For the purposes of the Summary Proceedings Act 1957, an infringement notice must be treated as having been served on the person on the date it was posted.

(4) An infringement notice must be in the prescribed form and must contain—

• (a) details of the alleged infringement offence that are sufficient to fairly inform a person of the time, place, and nature of the alleged infringement offence; and

• (b) the amount of the infringement fee; and

• (c) an address at which the infringement fee may be paid; and

• (d) the time within which the infringement fee must be paid; and

• (e) a summary of the provisions of section 21(10) of the Summary Proceedings Act 1957; and

• (f) a statement that the person served with the notice has a right to request a hearing; and

• (g) a statement of what will happen if the person served with the notice does not pay the fee and does not request a hearing; and

• (h) any other prescribed matters.

(5) If an infringement notice has been issued, proceedings in respect of the infringement offence to which the notice relates may be commenced in accordance with section 21 of the Summary Proceedings Act 1957 and, in that case,—

• (a) reminder notices may be prescribed under regulations made under this Act; and

• (b) in all other respects, section 21 of the Summary Proceedings Act 1957 applies with all necessary modifications.

(1) The fee to be specified by an inspector in an infringement notice for any infringement offence except for a failure to comply with section 7(1) must be not less than $100 and not more than $3,000 (as a multiple of $100).

(2) In determining the amount of a fee under subsection (1), an inspector must take into account—

• (a) whether or not harm resulted from the offence; and

• (b) if harm resulted from the offence, the extent of the harm; and

• (c) what potential harm could have resulted from the offence; and

• (d) in the case of an employer, principal, or contractor, the size of the business of the employer, principal, or contractor; and

• (e) the financial circumstances of the person; and

• (f) the safety record of the person (which includes but is not limited to warnings and notices referred to in section 56C).

(3) The fee to be specified by an inspector in an infringement notice for a failure to comply with section 7(1) must be not less than $800 and not more than $4,000 (as a multiple of $100).

(4) In determining the amount of a fee under subsection (3), an inspector must take into account—

• (a) the size of the business of the employer; and

• (b) the financial circumstances of the employer; and

• (c) the safety record of the employer (which includes but is not limited to warnings and notices referred to in section 56C).

The Secretary must pay all infringement fees received into the Crown Bank Account.

(1) If an infringement notice is issued, a criminal record must not be created in respect of the infringement offence.

(2) Subsection (1) does not prevent a court being told, for the purpose of sentencing a person convicted of an offence under this Act, that the person has paid, or is obliged to pay, an infringement fee for a particular infringement offence.

(1) To the extent that an insurance policy or contract of insurance indemnifies or purports to indemnify a person for the person's liability to pay a fine or an infringement fee under this Act,—

• (a) the policy or contract is of no effect; and

• (b) No court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under section 7 of the Illegal Contracts Act 1970 or otherwise.

(2) A person must not—

• (a) enter into, or offer to enter into, a policy or contract described in subsection (1); or

• (b) indemnify, or offer to indemnify, another person for the other person's liability to pay a fine or an infringement fee under this Act; or

• (c) be indemnified, or agree to be indemnified, by another person for that person's liability to pay a fine or an infringement fee under this Act; or

• (d) pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.

(3) If an insurance policy or contract of insurance described in subsection (1) exists at the date of commencement of this section,—

• (a) subsections (1) and (2)(c) and (d) apply to it from that date; and

• (b) this section does not prevent the parties to it agreeing to the refund of an amount of the premium.

Every document purporting to be an inspector's notice shall be received in evidence and, in the absence of proof to the contrary, be deemed to be an inspector's notice; and in any proceedings the production of a document purporting to be certified by or on behalf of an inspector to be a true copy of an inspector's notice shall, in the absence of proof to the contrary, be sufficient evidence of the notice.

No person shall—

• (a) Personate the inspector named in any certificate of appointment as an inspector; or

• (b) Falsely pretend to be an inspector.

(1) In this section,—

(2) For the purpose of recovering the expected cost to the Crown of the administration of this Act, there is payable—

• (a) by every employer, on the amount of earnings paid or deemed to have been paid by the employer to the employer's employees, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and

• (b) by every earner who has earnings as a self-employed person, on the amount of earnings as a self-employed person derived or deemed to have been derived by the earner, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act; and

• (c) by every shareholder-employee to whom section RD 3(2) to (4) of the Income Tax Act 2007 applies, on the amount of earnings derived or deemed to have been derived by the shareholder-employee, a levy at a rate or rates prescribed by regulations made, on the recommendation of the Minister, under this Act.

(3) The funding levy must be added to, and is deemed part of, the Residual Claims levy; and—

• (a) the funding levy is payable, collected, and remitted, and penalties are payable in respect of it, as if it were the Residual Claims levy; and

• (b) the Corporation and the Commissioner of Inland Revenue have all the powers in respect of the funding levy that they have in respect of the Residual Claims levy; and

• (c) the Commissioner of Inland Revenue is not required to refer separately to or account separately for, or identify, any funding levy in performing his or her functions in relation to the Residual Claims levy or the funding levy.

(4) The Corporation must, by the 20th day of the month after the month in which the Corporation receives any funding levy from the Commissioner of Inland Revenue, pay that funding levy to the Secretary.

(5) The Corporation may charge the Secretary a fee for collecting the funding levy.

(6) The Secretary must pay into the Crown Bank Account all of the funding levy the Corporation pays to the Secretary.

(7) The Minister must not recommend the making of regulations for the purposes of subsection (2) without first consulting the Corporation.

(8) Subsection (7) does not limit the generality of section 21(2) of this Act.

An inspector who, in the course of the inspector's duties, discovers anything the inspector believes to be a failure to comply with any provision of any enactment relating to health or safety administered (in whole or in part) by territorial authorities shall give the appropriate territorial authority written notice of the apparent failure.

(1) The enactments specified in Schedule 3 to this Act are hereby repealed.

(2) The enactments specified in Schedule 2 to this Act are hereby consequentially amended in the manner indicated in that Schedule.

(3) The Orders in Council and notices specified in Schedule 4 to this Act are hereby revoked.

(4) Every reference in any enactment passed before the repeal of the Factories and Commercial Premises Act 1981 to a factory within the meaning of that Act shall have effect as if that Act is still in force.

(5) [Repealed]