Section 16 — Health and Safety at Work Act 2015: Interpretation

16 Interpretation In this Act, unless the context otherwise requires,— ACC means the Accident Compensation Corporation continued by section 259 of the Accident Compensation Act 2001 adverse conduct has the meaning given in section 88 aircraft has the same meaning as in section 2(1) of the Civil Aviation Act 1990 approved code of practice means a code of practice approved by the Minister under section 222 Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990 authorised has the meaning given in section 203 CAA means the Civil Aviation Authority of New Zealand established by section 72A of the Civil Aviation Act 1990 cease work has the meaning given in section 82 Chief of Defence Force means the officer appointed under section 8 of the Defence Act 1990 compliance power means the functions and powers conferred on an inspector or a health and safety medical practitioner (as relevant) under this Act constable has the same meaning as in section 4 of the Policing Act 2008 construct includes assemble, erect, reconstruct, reassemble, and re-erect Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002 defence area has the same meaning as in section 2(1) of the Defence Act 1990 demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992 demolition includes deconstruction design , in relation to plant, a substance, or structure includes— (a) the design of part of the plant, substance, or structure; and (b) the redesign or modification of a design designated agency means an agency designated under section 191 employee has the same meaning as in section 6 of the Employment Relations Act 2000 employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000 enforceable undertaking means an undertaking accepted by the regulator under section 123 engage in conduct means to do an act or omit to do an act EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011 EPA control has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996 foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 handle includes transport hazard includes a person’s behaviour where that behaviour has the potential to cause death, injury, or illness to a person (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour) hazardous substance has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996 health means physical and mental health health and safety medical practitioner means a person for the time being appointed under section 181 health and safety representative means a worker elected as a health and safety representative in accordance with subpart 2 of Part 3 home — (a) means a place occupied as a dwelling house; and (b) includes any garden, yard, garage, outhouse, or other appurtenance of a home homeworker has the same meaning as in section 5 of the Employment Relations Act 2000 importation has the same meaning as in section 2(1) of the Customs and Excise Act 1996, and import has a corresponding meaning improvement notice means a notice issued under section 101 inspector means an inspector appointed under section 163 issuing officer has the same meaning as in section 3(1) of the Search and Surveillance Act 2012 local authority has the same meaning as in section 5(1) of the Local Government Act 2002 Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994 medical officer of health — (a) has the same meaning as in section 2(1) of the Health Act 1956; and (b) includes the officers referred to in section 22 of that Act medical practitioner means a health practitioner who— (a) is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and (b) holds a current practising certificate military aircraft means an aircraft of, or pertaining to, the Armed Forces Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act naval ship has the same meaning as in section 2(1) of the Defence Act 1990 New Zealand — (a) means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and (b) includes— (i) all airspace within the territorial limits of New Zealand: (ii) the Ross Dependency New Zealand Fire Service means the New Zealand Fire Service established by section 3 of the Fire Service Act 1975 New Zealand ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 New Zealand Transport Agency means the Agency established by section 93 of the Land Transport Management Act 2003 non-disturbance notice means a notice issued under section 108 notifiable event has the meaning given in section 25 notifiable incident has the meaning given in section 24 notifiable injury or illness has the meaning given in section 23 officer has the meaning given in section 18 person includes the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate person conducting a business or undertaking or PCBU has the meaning given in section 17 personal information has the same meaning as in section 2(1) of the Privacy Act 1993 personal protective equipment — (a) means anything used or worn by a person (including clothing) to minimise risks to the person’s health and safety; and (b) includes air-supplied respiratory equipment plant includes— (a) any machinery, vehicle, vessel, aircraft, equipment (including personal protective equipment), appliance, container, implement, or tool; and (b) any component of any of those things; and (c) anything fitted or connected to any of those things prescribed high-risk plant means plant prescribed by regulations as high-risk plant prohibited health and safety reason has the meaning given in section 89 prohibition notice means a notice issued under section 105 reasonably practicable , in relation to a duty of a PCBU set out in subpart 2 of Part 2 , has the meaning given in section 22 regulations means regulations made under this Act regulator means, as the case requires,— (a) WorkSafe; or (b) the relevant designated agency regulatory agency means any of the following: (a) a regulator under this Act: (b) the CAA: (c) the New Zealand Police: (d) the New Zealand Transport Agency: (e) Maritime New Zealand: (f) the EPA: (g) a local authority: (h) the New Zealand Fire Service: (i) a medical officer of health: (j) the Ministry of Health: (k) ACC: (l) the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that business or undertaking: (m) a prescribed agency relevant health and safety legislation means— (a) this Act and regulations made under this Act: (b) any provisions of the following Acts (or any regulations made under those Acts) under which the regulator has functions: (i) Electricity Act 1992 : (ii) Gas Act 1992 : (iii) Hazardous Substances and New Organisms Act 1996 : (iv) WorkSafe New Zealand Act 2013 representative , in relation to a worker, means— (a) the health and safety representative for the worker; or (b) a union representing the worker; or (c) any other person the worker authorises to represent the worker residential work means work done by a person employed or engaged by the occupier of a home of either or both of the following kinds: (a) domestic work done or to be done in the home: (b) work done or to be done in respect of the home ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994 statutory officer means a person— (a) holding or performing duties of an office established by an enactment; or (b) performing duties expressly conferred on the person by virtue of his or her office by an enactment; or (c) holding office as the chief executive of a Crown organisation structure — (a) means anything that is constructed, whether fixed, moveable, temporary, or permanent; and (b) includes— (i) buildings, masts, towers, frameworks, pipelines, quarries, bridges, and underground works (including shafts or tunnels); and (ii) any component of a structure; and (iii) part of a structure substance — (a) means any natural or artificial substance in any form (for example, a solid, liquid, gas, or vapour); and (b) includes a hazardous substance supply has the meaning given in section 21 suspension notice means a notice issued under section 185 union has the same meaning as in section 5 of the Employment Relations Act 2000 volunteer means a person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses) volunteer worker has the meaning given in section 19(3) work group means a work group determined under section 64 worker has the meaning given in section 19 workplace has the meaning given in section 20 WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013. Compare: 1992 No 96 s 2(1) ; Model Work Health and Safety Act (Aust) s 4