Section 109 — Health and Safety at Work Act 2015: Content of non-disturbance notice
Text of the provision Official document
109 Content of non-disturbance notice (1) A non-disturbance notice may require a person to— (a) preserve the site at which a notifiable event has occurred for a specified period; or (b) prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances. (2) A non-disturbance notice must specify the period (not exceeding 7 days) for which it applies and set out— (a) the obligations of the person to whom the notice is issued; and (b) the measures to be taken to preserve a site or prevent the disturbance of a site; and (c) the penalty for contravening the notice. (3) In this section, a reference to a site includes any plant, substance, structure, or thing associated with the site. (4) A non-disturbance notice does not prevent any action— (a) to assist an injured person; or (b) to remove a deceased person; or (c) that is essential to make the site safe or to prevent a further notifiable event; or (d) done by, or under direction of, a constable acting in the execution of his or her duties; or (e) for which an inspector or the regulator has given permission. Compare: Model Work Health and Safety Act (Aust) s 199
Official source: legislation.govt.nz
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