Health and Safety at Work (Asbestos) Amendment Regulations 2017


Coat of Arms of New Zealand

Health and Safety at Work (Asbestos) Amendment Regulations 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of April 2017

Her Excellency the Governor-General in Council

These regulations are made under sections 211 and 212 of the Health and Safety at Work Act 2015—


on the advice and with the consent of the Executive Council; and


on the recommendation of the Minister for Workplace Relations and Safety made after complying with section 217 of that Act.


1 Title

These regulations are the Health and Safety at Work (Asbestos) Amendment Regulations 2017.

2 Commencement

These regulations come into force on 15 May 2017.

3 Principal regulations

These regulations amend the Health and Safety at Work (Asbestos) Regulations 2016 (the principal regulations).

4 Regulation 3 amended (Interpretation)

In regulation 3(1), definition of trace level, delete “over any 8-hour period”.

5 Regulation 42 amended (Clearance certificates)

In regulation 42(4)(c), replace “0.01 fibres/ml” with “trace level”.

6 Regulation 44 amended (Duties relating to respirable asbestos fibre levels exceeding trace level)

In regulation 44(1)(b), after “exceed”, delete “the”.

7 Regulation 45 amended (Action if respirable asbestos fibre level too high)

In regulation 45(3), replace “0.01 fibres/ml” with “trace level”.

8 Regulation 46 amended (Duties relating to removal of friable asbestos)

In regulation 46(4), replace “0.01 fibres/ml” with “trace level”.

9 Regulation 67 amended (Criteria for considering licence application)

In regulation 67(2), replace “64(2)(e) and (f)” with “64(2)(d) and (e)”.

10 Regulation 86 amended (Suspension or cancellation of licence)

In regulation 86(3), replace “that retraining” with “that training, retraining,”.

11 Regulation 89 amended (Notice of decision)

In regulation 89(2)(d)(iii), replace “retraining” with “training, retraining,”.

12 Regulation 93 amended (Which decisions under these regulations are reviewable)

In regulation 93(1)(b), after “grant”, insert “a”.

Rachel Hayward,
acting for Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 15 May 2017, amend the Health and Safety at Work (Asbestos) Regulations 2016 by—

  • amending the definition of trace level to align it with current practice by deleting a reference to a period of time:

  • amending several provisions to refer to trace level rather than to 0.01 fibres/ml:

  • amending several provisions to ensure that all the provisions refer consistently to conditions relating to training, retraining, or reassessment:

  • making other technical or editorial corrections.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 April 2017.

These regulations are administered by the Ministry of Business, Innovation, and Employment.