Electricity (Safety) Regulations 2010

109 WorkSafe’s power to exempt from requirements

(1)

Worksafe may, if it is satisfied that safety will be ensured despite the exemption and that the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the exemption, exempt specific works, installations, fittings, appliances, associated equipment, persons, or things from any requirement imposed by or under all or any of the following:

(a)

in Part 3, regulations 27(2), 28, 29, 31, and 33:

(b)

in Part 4, regulations 38 and 44:

(c)

in Part 5, regulations 57, 59, 60, 61AA, 74, 74E, and 74G:

(d)

any provision in Part 5A:

(e)

in Part 6, regulations 88, 89, and 91:

(f)

any provision in Schedule 8.

(2)

An application for exemption must—

(a)

specify the precise exemption sought and the reason; and

(b)

demonstrate how safety, including electrical safety, will be ensured if the exemption is granted; and

(c)

be made on a form prescribed by WorkSafe; and

(d)

be accompanied by the fee prescribed in Schedule 5.

(3)

Every exemption—

(a)

must be in writing; and

(b)

must specify the period for which it applies; and

(c)

may impose conditions on the exemption.

(4)

WorkSafe may amend or revoke an exemption—

(a)

if the holder of the exemption asks; or

(b)

in order to prevent potential serious harm to any person or significant damage to property, but only after giving the holder at least 20 working days’ notice of the proposed amendment or revocation; or

(c)

if WorkSafe is satisfied that the holder is not complying, or has not complied, with any conditions on the exemption, in which case the amendment or revocation has effect on the date of, or any later date specified in, WorkSafe’s notice.

(5)

WorkSafe must give notice of an exemption, and any amendment or revocation of it, to the applicant.

(6)

An exemption granted under this regulation is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons.

Compare: SR 1997/60 r 103

Legislation Act 2019 requirements for secondary legislation made under this regulation
PublicationThe maker must: LA19 ss 73, 74(1)(a), Sch 1 cl 14
• publish it in the Gazette with the address of the website where it is published
• publish it on a website maintained by, or on behalf of, WorkSafe
PresentationIt is not required to be presented to the House of Representatives because a transitional exemption applies under Schedule 1 of the Legislation Act 2019LA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the secondary legislation.

Regulation 109 heading: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(1): replaced, on 31 December 2013, by regulation 30(1) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 109(2)(b): amended, on 10 November 2011, by regulation 42 of the Electricity (Safety) Amendment Regulations 2011 (SR 2011/370).

Regulation 109(2)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(4): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(4)(c): amended, on 31 December 2013, by regulation 30(2) of the Electricity (Safety) Amendment Regulations 2013 (SR 2013/494).

Regulation 109(4)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

Regulation 109(5): replaced, on 28 October 2021, by regulation 87 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).

Regulation 109(6): inserted, on 28 October 2021, by regulation 87 of the Legislation Act (Sub-delegated Secondary Legislation) Regulations 2021 (LI 2021/248).