Health and Safety at Work Act 2015
Sections and provisions with full text and the judgments that cite each one.
Section 3 — Purpose
3 Purpose (1) The main purpose of this Act is to provide for a balanced framework to secure the health and safety of workers and workplaces by— (a) protecting workers and other persons against harm…
Section Sch3-1 — Interpretation
1 Interpretation In this schedule,— alluvial mining operation means a mining operation carried out above ground and associated with— (a) the extraction of gold from river deposits of sand or gravel:…
Section Sch3-10 — Inspector may cancel order to suspend mining operation
10 Inspector may cancel order to suspend mining operation An inspector may cancel the whole or part of a notice given under clause 8 (whether or not mining operations have stopped pursuant to the…
Section Sch3-11 — Competency and experience requirements for exercise of powers under clauses 8 and 9
11 Competency and experience requirements for exercise of powers under clauses 8 and 9 A health and safety representative must not exercise any power under clause 8 or 9 unless he or she meets the…
Section Sch3-12 — Mine workers must do other work
12 Mine workers must do other work (1) This clause applies if the whole or a part or an aspect of a mining operation is stopped under clause 8 or 9 . (2) Section 86 applies with any necessary…
Section Sch3-13 — Work not to restart until no likelihood of serious risk to health and safety
13 Work not to restart until no likelihood of serious risk to health and safety (1) The site senior executive must ensure that the operation or part or aspect of the mining operation stopped because…
Section Sch3-14 — Health and safety representative not to unnecessarily impede production
14 Health and safety representative not to unnecessarily impede production A health and safety representative must not unnecessarily impede production at a mining operation when performing functions…
Section Sch3-15 — Power to require assistance
15 Power to require assistance (1) A health and safety representative may require the senior site executive or person in charge of the relevant part or aspect of a mining operation to give the health…
Section Sch3-16 — Obstructing health and safety representatives performing functions or exercising powers
16 Obstructing health and safety representatives performing functions or exercising powers (1) A mine operator or site senior executive must not prevent or attempt to prevent a health and safety…
Section Sch3-17 — Appointment of industry health and safety representatives
17 Appointment of industry health and safety representatives (1) This clause and clauses 18 to 23 apply only to— (a) a mining operation associated with the extraction of coal and where any person…
Section Sch3-18 — Notice to regulator of appointment or cessation of appointment of representative
18 Notice to regulator of appointment or cessation of appointment of representative A union or group of mine workers that appoints an industry health and safety representative must— (a) give notice…
Section Sch3-19 — Functions and powers of industry health and safety representatives
19 Functions and powers of industry health and safety representatives (1) In addition to the functions and powers conferred on a health and safety representative specified in Part 3 , an industry…
Section Sch3-2 — Meaning of mining operation
2 Meaning of mining operation In this schedule, mining operation — (a) means the extraction of coal and minerals and the place at which the extraction is carried out; and (b) includes any of the…
Section Sch3-20 — Further provision concerning scope of functions and powers of industry health and safety representatives
20 Further provision concerning scope of functions and powers of industry health and safety representatives An industry health and safety representative may perform his or her functions and exercise…
Section Sch3-21 — Application of certain provisions to industry health and safety representatives
21 Application of certain provisions to industry health and safety representatives Clause 10(1) (b), (d) to (f), and (h) to (i) and (2) of Schedule 2 and clauses 11 , and 13 to 18 of Schedule 2 apply…
Section Sch3-22 — Identity cards
22 Identity cards (1) The regulator must give each industry health and safety representative an identity card. (2) The identity card must be in the prescribed form. (3) A person who ceases to be an…
Section Sch3-23 — Production or display of identity card
23 Production or display of identity card (1) Before an industry health and safety representative exercises a power under this schedule in relation to any person, the representative must— (a) produce…
Section Sch3-24 — Register of industry health and safety representatives
24 Register of industry health and safety representatives (1) The regulator must keep and maintain a register of industry health and safety representatives. (2) The purpose of the register is to…
Section Sch3-25 — Alterations to register
25 Alterations to register The regulator may at any time make any amendments to the register that are necessary to reflect any changes in the information referred to in clause 24 . Compare: 1992 No…
Section Sch3-26 — Search of register
26 Search of register (1) A person may search the register for a purpose set out in clause 24(2) . (2) The regulator must— (a) make the register available for public inspection, without fee, at…
Section Sch3-27 — New Zealand Mining Board of Examiners
27 New Zealand Mining Board of Examiners WorkSafe must establish a board to be known as the New Zealand Mining Board of Examiners. Compare: 1992 No 96 s 20D
Section Sch3-28 — Functions of Board
28 Functions of Board The functions of the Board are— (a) to advise WorkSafe on competency requirements for mine workers: (b) to examine applicants, or have applicants examined, for certificates of…
Section Sch3-29 — Membership of Board
29 Membership of Board (1) WorkSafe may at any time appoint a member of the Board. (2) The appointment of a member of the Board must be for a specified period. (3) WorkSafe must appoint one of the…
Section Sch3-3 — Meaning of quarrying operation
3 Meaning of quarrying operation (1) In this schedule, quarrying operation — (a) means an activity carried out above ground for the purpose of— (i) extracting any material, other than coal or any…
Section Sch3-30 — Proceedings of Board
30 Proceedings of Board The Board may determine its own procedure. Compare: 1992 No 96 s 20G
Section Sch3-31 — Board levy
31 Board levy (1) The Governor-General may, by Order in Council, in accordance with a recommendation of the Minister, make regulations imposing a levy on mine operators to fund the direct and…
Section Sch3-4 — Meaning of tunnelling operation
4 Meaning of tunnelling operation In this schedule, tunnelling operation — (a) means an operation involving extraction of fill with the purpose of creating a tunnel or shaft or enlarging or extending…
Section Sch3-5 — Regulations excluding tunnelling operations from clause 4
5 Regulations excluding tunnelling operations from clause 4 The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations declaring that certain…
Section Sch3-6 — How Part 3 applies in mining sector
6 How Part 3 applies in mining sector (1) For the purposes of the mining sector, the provisions in Part 3 , unless the context otherwise requires, must be read as if— (a) every reference to a PCBU…
Section Sch3-7 — Competency of inspectors appointed under this Act who inspect mining operations
7 Competency of inspectors appointed under this Act who inspect mining operations A person appointed as an inspector under section 163 and who is to inspect mining operations must, unless the person…
Section Sch3-8 — Power of health and safety representative to give notice requiring suspension of mining operation
8 Power of health and safety representative to give notice requiring suspension of mining operation (1) This clause applies if a health and safety representative— (a) believes on reasonable grounds…
Section Sch3-9 — Power of health and safety representative to require mining operation to stop in case of serious risk to health and safety
9 Power of health and safety representative to require mining operation to stop in case of serious risk to health and safety (1) This clause applies if a health and safety representative believes on…
Section 4 — Transitional, savings, and related provisions
4 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Section Sch4-1 — Application of this schedule
1 Application of this schedule (1) This schedule applies to any criminal or civil proceedings (including public law and judicial review proceedings) that relate to the administration or enforcement…
Section Sch4-10 — Communication between special advocate and other persons
10 Communication between special advocate and other persons (1) A special advocate may communicate with a non-Crown defendant or the non-Crown defendant’s representative on an unlimited basis until…
Section Sch4-11 — Protection of special advocates from liability
11 Protection of special advocates from liability (1) To the extent that a special advocate is acting in accordance with the requirements of this Act, he or she is not guilty of— (a) misconduct…
Section Sch4-12 — Other matters relating to procedure in proceedings involving classified security information
12 Other matters relating to procedure in proceedings involving classified security information (1) The court must determine the proceedings on the basis of information available to it (whether or…
Section Sch4-13 — Nothing in this schedule limits other rules of law that authorise or require withholding of document, etc
13 Nothing in this schedule limits other rules of law that authorise or require withholding of document, etc Nothing in this schedule limits section 27 of the Crown Proceedings Act 1950 or any rule…
Section Sch4-14 — Ancillary general practices and procedures to protect classified security information
14 Ancillary general practices and procedures to protect classified security information (1) Any general practices and procedures that may be necessary to implement the procedures specified in this…
Section Sch4-2 — Interpretation
2 Interpretation In this schedule,— classified security information has the meaning given in clause 3 non-Crown defendant means a person, other than the Crown or a Crown organisation, who is a…
Section Sch4-3 — Meaning of classified security information
3 Meaning of classified security information (1) In this schedule, classified security information means information— (a) that is relevant to proceedings that relate to the administration or…
Section Sch4-4 — Obligation to provide court with access to classified security information
4 Obligation to provide court with access to classified security information (1) A specified agency must, after proceedings are commenced, provide the court with access to the classified security…
Section Sch4-5 — Court orders
5 Court orders (1) The court may, in order to comply with clause 4(2) , make 1 or more of the following orders: (a) an order forbidding publication of any report or account of the whole or any part…
Section Sch4-6 — Appointment of special advocate
6 Appointment of special advocate (1) This clause applies if a non-Crown defendant cannot properly defend proceedings without being able to consider classified security information and the non-Crown…
Section Sch4-7 — Nomination of person for appointment
7 Nomination of person for appointment (1) Each of the following may nominate a barrister or solicitor to be appointed as the special advocate: (a) the specified agency: (b) the non-Crown defendant.…
Section Sch4-8 — Role of special advocates
8 Role of special advocates (1) The role of a special advocate is to represent a non-Crown defendant. (2) In particular, a special advocate may— (a) prepare the non-Crown defendant’s defence: (b)…
Section Sch4-9 — Court may provide access to classified security information to special advocate
9 Court may provide access to classified security information to special advocate (1) A special advocate may apply to the court for access to the classified security information. (2) The court may…
Section 5 — Application of Act to the Crown
5 Application of Act to the Crown (1) This Act binds the Crown. (2) An instrument of the Crown that is a Crown organisation (whether or not a body corporate)— (a) must be treated as if it were a…
Section Sch5-5 — Meaning of reasonably practicable
5 Meaning of reasonably practicable In this Act, unless the context otherwise requires, reasonably practicable , in relation to a duty to ensure health and safety or to protect property, means that…
Section Sch5-33A — Exercise of permit conditional on authorisation
33A Exercise of permit conditional on authorisation (1) This section applies if— (a) in accordance with regulations made under the Health and Safety at Work Act 2015 an activity must be authorised…