New Zealand Legislation
List of access keys
Skip to main content
Advanced search
Browse
About this site
How the site works
Contact us
News
Site map
Glossary
Access keys
Accessibility
Copyright
Privacy
Disclaimer
Home
Advanced search
Browse
About this site
Web feeds
Tagged sections/clauses
Printing order
Quick search
HelpQuickSearch
?
Type
Acts
Bills
Legislative Instruments
Other Instruments
All
Text
title
content
HelpDRegQuickSearch
?
My recent searches
Health and Safety at Work Bill
enacted
Previous title has changed
Search within this Bill
By clauses
View whole (934KB)
Versions and SOPs
Print/Download PDF [829KB]
Add to web feed
Order a commercial print
Contents
Previous clause
Next clause
Tag clause
Remove
Previous hit
Next hit
Hon Michael Woodhouse
Health and Safety at Work Bill
Government Bill
192—3A
Contents
Bill note
Key
1
Title
2
Commencement
Part 1
Health and safety at work
Subpart 1—Preliminary provisions
3
Purpose
4
Transitional, savings, and related provisions
Subpart 2—Application of Act
5
Application of Act to the Crown
5A
Enforcement of Act against the Crown
6
Application of Act to Armed Forces
6A
Application of Act to intelligence and security agencies
7
Application of Act to aircraft in operation
8
Application of Act to ships
9
Application of Act in exclusive economic zone and in or on continental shelf
10
Application of Act to prescribed high-risk plant
Disapplication of
Part 3
10A
Certain provisions of
Part 3
do not apply to members of Armed Forces
10B
Part 3
does not apply to volunteer workers
11
Part 3
does not apply to prisoners
Subpart 3—Interpretation
General
12
Interpretation
Key terms
13
Meaning of PCBU
13A
Meaning of officer
14
Meaning of worker
15
Meaning of workplace
16
Meaning of supply
17
Meaning of reasonably practicable
18
Meaning of notifiable injury or illness
19
Meaning of notifiable incident
20
Meaning of notifiable event
Examples
21
Status of examples
Subpart 4—General provisions
28
PCBU must not levy workers
29
No contracting out
29AA
Insurance against fines unlawful
Part 2
Health and safety duties
Subpart 1AA—Key principles relating to duties
29A
Management of risks
29B
Duties not transferable
29C
Person may have more than 1 duty
29D
More than 1 person may have same duty
29E
PCBU must consult other PCBUs with same duty
29F
Compliance with other enactments
Subpart 1—Duties of PCBUs
30
Primary duty of care
32
Duty of PCBU who manages or controls workplace
33
Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
34
Duty of PCBU who designs plant, substances, or structures
35
Duty of PCBU who manufactures plant, substances, or structures
36
Duty of PCBU who imports plant, substances, or structures
37
Duty of PCBU who supplies plant, substances, or structures
38
Duty of PCBU who installs, constructs, or commissions plant or structures
Subpart 2—Duties of officers, workers, and other persons
39
Duty of officers
40
Duties of workers
41
Duties of other persons at workplace
Subpart 3—Offences relating to duties
42
Offence of reckless conduct in respect of duty
43
Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
44
Offence of failing to comply with duty
Specific provisions relating to liability of certain persons
45
Liability of officers
46
Liability of volunteers
47
Liability of certain office holders
Other matters relating to offences
49
Actions taken to prevent harm
50
Proof of intention not required for certain offences
Subpart 4—Duties to preserve sites and notify notifiable events
51
Duty to preserve sites
52
Duty to notify notifiable event
53
Requirement to keep records
Part 3
Engagement, worker participation,
Worker engagement, participation,
and representation
Subpart 1—Engagement with workers and worker participation practices
Engagement with workers
61
Duty to engage with workers
62
Nature of engagement
63
When engagement is required
Worker participation practices
64
Duty to have worker participation practices
Subpart 2—Health and safety representatives and health and safety committees
Election of health and safety representatives
65
Election of health and safety representatives
65A
Requirements for conducting elections
Determination of work groups
66
Determination of work groups
66A
Determination of numbers of health and safety representatives for work groups
Health and safety committees
86A
Health and safety committees
Further provisions relating to health and safety representatives, health and safety committees, and health and safety in mining sector
86B
Further provisions relating to health and safety representatives and health and safety committees
87
Further provisions relating to mining sector
Subpart 4—Provisional improvement notices
92
Provisional improvement notices
93
Training requirements relating to issue of provisional improvement notice
94
Requirements relating to provisional improvement notices
95
Provisional improvement notice may include recommendations to remedy contravention
96
Minor changes to provisional improvement notice
97
Issue of provisional improvement notice
98
Cancellation of provisional improvement notice
99
Display of provisional improvement notice
100
Irregularities or defects in notice
101
Offence relating to breach of provisional improvement notice
102
Review of provisional improvement notice
103
Regulator must ensure inspector reviews notice
104
Decision of inspector on review of provisional improvement notice
Subpart 5—Right to cease or direct cessation of unsafe work
105
Meaning of cease work
106
Right of worker to cease
or refuse to carry out
unsafe work
107
Health and safety representative may direct unsafe work to cease
107A
Training requirements relating to giving direction to cease work
108
Alternative work
109
Regulator may assist to resolve issues relating to cessation of work
Subpart 6—Prohibition of adverse, coercive, or misleading conduct
110
Meaning of adverse conduct
111
Meaning of prohibited health and safety reason
112
Prohibition on adverse conduct
113
Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
114
Prohibition on coercion or inducement
115
Misrepresentation
116
Proof of adverse conduct
Civil proceedings in relation to adverse or coercive conduct
117
Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
118
Procedure for civil proceedings for adverse conduct
General provisions
119
General provisions
Subpart 7—Issue resolution
120
Resolution of work health and safety issues
121
Regulator may appoint inspector to assist parties in resolving issue
Part 4
Enforcement and other matters
122
Meaning of notice
Subpart 1—Enforcement measures
Improvement notices
123
Power to issue improvement notices
124
Content of improvement notices
125
Compliance with improvement notice
126
Extension of time for compliance with improvement notices
Prohibition notices
127
Power to issue prohibition notice
128
Content of prohibition notice
129
Compliance with prohibition notice
Non-disturbance notices
130
Power to issue non-disturbance notice
131
Content of non-disturbance notice
132
Compliance with non-disturbance notice
133
Issue of subsequent non-disturbance notices
General provisions
134
General provisions relating to notices
135
Changes to notice by inspector
136
Regulator may vary or cancel notice
137
Formal irregularities or defects in notice
138
Issue of notice
139
Display of notice at workplace by person issued with notice
139A
Inspector may display notice
Subpart 2—Remedial action
140
When regulator may carry out remedial action
141
Power of regulator to take other remedial action
142
Costs of remedial or other action
Subpart 3—Civil proceedings for non-compliance with notices
143
Civil proceedings relating to non-compliance with notice
Subpart 4—Enforceable undertakings
144
Regulator may accept enforceable undertakings
145
Notice of decision and reasons for decision
146
When enforceable undertaking is enforceable
147
Compliance with enforceable undertaking
148
Contravention of enforceable undertaking
149
Withdrawal or variation of enforceable undertaking
150
Proceedings for alleged contravention
Subpart 5—Reviews and appeals
151
Interpretation
Internal review
152
Application for internal review
153
Decision of regulator
154
Notice of decision on internal review
155
Stay of reviewable decision on internal review
Appeal to District Court
156
Application for appeal
Subpart 6—Infringement offences
157
Interpretation
158
Proceedings for infringement offence
159
Infringement notices
160
Revocation of infringement notice
161
Payment of infringement fees
Subpart 7—Criminal proceedings
162
Meaning of enforcement action
163
Person may notify regulator of interest in knowing of enforcement action taken by regulator
164
Prosecutions by regulator
165
Private prosecutions
166
Continuing or repeated matters
Limitation periods for prosecutions
167
Limitation period for prosecutions brought by regulator
167A
Extension of time if regulator needs longer to decide whether to bring prosecution
167B
Limitation period for private prosecutions
167C
Extension of time for certain proceedings
Certain proceedings may be brought after end of limitation period if fresh evidence discovered
Subpart 8—Sentencing for offences
168
Application of subpart
169
Sentencing criteria
170
Order for payment of regulator’s costs in bringing prosecution
171
Adverse publicity orders
172
Orders for restoration
173
Work health and safety project orders
174
Release on giving of court-ordered enforceable undertaking
175
Injunctions
176
Training orders
177
Offence to fail to comply with order
Subpart 8A—General provisions relating to proceedings
178
State of mind of directors, employees, or agents attributed
179
Conduct of directors, employees, or agents attributed
180A
Proceedings involving classified security information
Subpart 9—Inspectors and health and safety medical practitioners
Inspectors
181
Appointment of inspectors
182
Identity cards
183
Suspension and ending of appointment of inspectors
184
Inspectors subject to regulator’s directions
184A
Regulator has powers of inspector
185
Powers of entry and inspection
186
Power to enter homes
187
Power to deal with cause of imminent danger
188
Notice of entry
189
Power to take samples and other objects and things
190
Power of regulator to authorise making of applications for search warrants
191
Continuation of powers of entry and inspection without search warrants
192
Power to require name and address
193
Duty to assist inspectors
194
Immunity of inspectors and persons assisting inspectors or regulator
195
Offence for failing to provide inspector with correct name and residential address
196
Offence to hinder or obstruct inspector
197
Offence to impersonate inspector
Health and safety medical practitioners
198
Appointment of health and safety medical practitioners
198A
Suspension and ending of appointment of health and safety medical practitioners
199
Powers of entry and inspection of health and safety medical practitioners
200
Health and safety medical practitioners may require workers to be medically examined
201
Health and safety medical practitioners may suspend workers in certain cases
202
Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
203
Offence to hinder or obstruct health and safety medical practitioner
204
Offence to impersonate health and safety medical practitioner
Part 5
Miscellaneous provisions
Subpart 1—Administration
205
Role of WorkSafe
206
Functions and powers of regulator other than WorkSafe
Designated agencies
207
Designated agencies
208
Role of designated agencies
209
Proceedings not to be questioned for want of form
Joint policy directions
210
Designated agency must give effect to joint policy directions
Health and Safety at Work Strategy and workplace injury prevention
211
Health and Safety at Work Strategy
212
Workplace injury prevention
Information sharing
213
Sharing of information between regulator and regulatory agencies
214
Requirement of other regulator to notify WorkSafe of notifiable event
215
Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
216
Coroner may call for report on fatal accident
Funding levy
217
Funding levy
218
Consultation requirement relating to funding levy
Subpart 1A—Authorisations
218A
Meaning of authorised
218B
Requirements for authorisation of workplaces
218C
Requirements for authorisation of plant or substance
218D
Requirements for authorisation of work
218E
Requirements for prescribed qualifications or experience
218F
Requirement to comply with conditions of authorisation
Subpart 2—General provisions
219
Offence to give false or misleading information
220
Confidentiality of information
Subpart 3—Regulations, exemptions, approved codes of practice, and safe work instruments
Regulations
221
Regulations relating to health and safety
222
Regulations relating to hazardous substances
223
Regulations relating to exemptions in respect of Armed Forces
224
Regulations relating to worker engagement, participation, and representation
224A
Regulations relating to levies
225
Regulations providing for transitional matters
226
Consultation requirements for making certain regulations
227
Further provisions relating to regulations
228
Procedure for making regulations relating to definitions, exclusions, or exemptions
Exemptions
228A
Regulator may grant exemption from compliance with regulations
228B
Status and publication of exemptions granted by regulator
Codes of practice
229
Approval of codes of practice
230
Publication and commencement of approved code of practice
231
Access to approved codes of practice
232
Proof of codes of practice
233
Use of approved codes of practice in proceedings
Safe work instruments
234
Minister may approve safe work instruments
235
Legal effect of safe work instruments
General provisions
236
Minister may delegate approval of codes of practice and safe work instruments to regulator
236A
Relationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
Subpart 4—Repeals, revocations, and consequential amendments
238
Repeals and revocations
239
Consequential amendments
· · · · ·
Schedule 1
Transitional and savings provisions
Schedule 1A
Health and safety representatives and health and safety committees
Schedule 2
Health and safety in mining sector
Schedule 2A
Provisions relating to classified security information
Schedule 3
Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: