Section 8 — Health and Safety at Work Act 2015: Application of Act to intelligence and security agencies

8 Application of Act to intelligence and security agencies (1) Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to the security or defence of New Zealand or the international relations of the Government of New Zealand. (2) Without limiting subsection (1),— (a) the Director of Security may, by notice in writing, declare that specified provisions of this Act or regulations do not apply (or apply with modifications) in relation to any worker carrying out work for the Security Intelligence Service: (b) the Director of the Government Communications Security Bureau may, by notice in writing, declare that specified provisions of this Act or regulations do not apply (or apply with modifications) in relation to any worker carrying out work for the Bureau. (3) Without limiting subsection (2), a declaration may apply to— (a) a specified worker or class of workers: (b) a specified workplace or class of workplaces: (c) a specified type of work. (4) A declaration under subsection (2) may only be made with the approval of the Minister. (5) A declaration made under subsection (2) is neither a legislative instrument nor a disallowable instrument for the purposes of the Legislation Act 2012 and does not have to be presented to the House of Representatives under section 41 of that Act. (6) In administering the Security Intelligence Service or the Bureau and in exercising the power under subsection (2), the Director of Security or Director of the Bureau (as the case requires) must take into account the need to promote the purpose of this Act to the greatest extent consistent with maintaining the security or defence of New Zealand or the international relations of the Government of New Zealand. (7) A worker who is an employee of the Security Intelligence Service or the Bureau may ask the Inspector-General to review a declaration made under subsection (2) to determine whether, in making the declaration, the Director of Security or Director of the Bureau (as the case requires) met the criteria in subsection (6). (8) A request by a worker under subsection (7) for a review of a declaration must be made within 14 days of the date on which the worker becomes aware, or reasonably ought to have been aware, of the declaration. (9) In this section,— Government Communications Security Bureau or Bureau means the Government Communications Security Bureau continued by section 6 of the Government Communications Security Bureau Act 2003 Inspector-General — (a) means the Inspector-General of Intelligence and Security holding office under section 5 of the Inspector-General of Intelligence and Security Act 1996; and (b) includes the Deputy Inspector-General of Intelligence and Security holding office under section 5 of that Act Minister ,— (a) in relation to the Security Intelligence Service, has the same meaning as in section 2(1) of the New Zealand Security Intelligence Service Act 1969: (b) in relation to the Bureau, has the same meaning as in section 4 of the Government Communications Security Bureau Act 2003 Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 3 of the New Zealand Security Intelligence Service Act 1969. Compare: Work Health and Safety Act 2011 (Aust) s 12C