Health and Safety at Work Act 2015

Sections and provisions with full text and the judgments that cite each one.

Section Sch5-20A — Health and Safety at Work Act 2015 not affected

20A Health and Safety at Work Act 2015 not affected Nothing in this Part, and no steps taken in compliance or purported compliance with this Part, limits or affects— (a) the Health and Safety at Work…

Section Sch5-33B — Health and Safety regulator to notify chief executive of breaches of legislation

33B Health and Safety regulator to notify chief executive of breaches of legislation (1) The health and safety regulator must notify the chief executive if— (a) a permit holder is issued with a…

Section Sch5-56AB — Legal effect of safe work instruments

56AB Legal effect of safe work instruments (1) For the purposes of this Act, a safe work instrument made under section 227 of the Health and Safety at Work Act 2015 has legal effect only to the…

Section Sch5-169C — Legal effect of safe work instruments

169C Legal effect of safe work instruments (1) For the purposes of this Act, a safe work instrument made under section 227 of the Health and Safety at Work Act 2015 has legal effect only to the…

Section 6 — Enforcement of Act against the Crown

6 Enforcement of Act against the Crown (1) This Act may be enforced against the Crown only in the manner provided in this section. Prosecution of offences (2) An instrument of the Crown may be…

Section 7 — Application of Act to Armed Forces

7 Application of Act to Armed Forces (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…

Section 8 — 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…

Section 9 — Application of Act to aircraft in operation

9 Application of Act to aircraft in operation (1) This Act applies to an aircraft in operation, wherever it may be, while the aircraft— (a) is operating on a flight beginning at a place in New…

Section 10 — Application of Act to ships

10 Application of Act to ships (1) This Act applies to a New Zealand ship wherever it may be. (2) This Act applies to a foreign ship on demise charter to a New Zealand-based operator when it is…

Section 11 — Application of Act in exclusive economic zone and in or on continental shelf

11 Application of Act in exclusive economic zone and in or on continental shelf (1) This Act applies to— (a) a workplace in the exclusive economic zone or in or on the continental shelf if an…

Section 12 — Application of Act to prescribed high-risk plant

12 Application of Act to prescribed high-risk plant (1) This Act applies to— (a) the operation or use of prescribed high-risk plant even if the plant is not situated, operated, or used at a workplace…

Section 13 — Certain provisions of Part 3 do not apply to members of Armed Forces

13 Certain provisions of Part 3 do not apply to members of Armed Forces (1) The following provisions of Part 3 do not apply to members of the Armed Forces: (a) section 62(1) (which relates to…

Section 14 — Part 3 does not apply to volunteer workers

14 Part 3 does not apply to volunteer workers Nothing in Part 3 applies to a volunteer worker.

Section 15 — Part 3 does not apply to prisoners

15 Part 3 does not apply to prisoners (1) Nothing in Part 3 applies to a worker who is a prisoner who is carrying out work inside a prison. (2) In this section, prison and prisoner have the same…

Section 16 — 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…

Section 17 — Meaning of PCBU

17 Meaning of PCBU (1) In this Act, unless the context otherwise requires, a person conducting a business or undertaking or PCBU — (a) means a person conducting a business or undertaking— (i) whether…

Section 18 — Meaning of officer

18 Meaning of officer In this Act, unless the context otherwise requires, officer , in relation to a PCBU,— (a) means, if the PCBU is— (i) a company, any person occupying the position of a director…

Section 19 — Meaning of worker

19 Meaning of worker (1) In this Act, unless the context otherwise requires, a worker means an individual who carries out work in any capacity for a PCBU, including work as— (a) an employee; or (b) a…

Section 20 — Meaning of workplace

20 Meaning of workplace (1) In this Act, unless the context otherwise requires, a workplace — (a) means a place where work is being carried out, or is customarily carried out, for a business or…

Section 21 — Meaning of supply

21 Meaning of supply (1) In this Act, unless the context otherwise requires, supply , in relation to a thing,— (a) includes the supply (or resupply) of the thing by way of sale, exchange, lease,…

Section 22 — Meaning of reasonably practicable

22 Meaning of reasonably practicable In this Act, unless the context otherwise requires, reasonably practicable , in relation to a duty of a PCBU set out in subpart 2 of Part 2 , means that which is,…

Section 23 — Meaning of notifiable injury or illness

23 Meaning of notifiable injury or illness (1) In this Act, unless the context otherwise requires, a notifiable injury or illness , in relation to a person, means— (a) any of the following injuries…

Section 24 — Meaning of notifiable incident

24 Meaning of notifiable incident (1) In this Act, unless the context otherwise requires, a notifiable incident means an unplanned or uncontrolled incident in relation to a workplace that exposes a…

Section 25 — Meaning of notifiable event

25 Meaning of notifiable event In this Act, unless the context otherwise requires, a notifiable event means any of the following events that arise from work: (a) the death of a person; or (b) a…

Section 26 — Status of examples

26 Status of examples (1) In this Act, an example is only illustrative of the provisions to which it relates. It does not limit those provisions. (2) If an example and a provision to which it relates…

Section 27 — PCBU must not levy workers

27 PCBU must not levy workers (1) A PCBU must not impose a levy or charge on a worker (or permit a levy or charge to be imposed on a worker) for anything done, or provided, in relation to health and…

Section 28 — No contracting out

28 No contracting out A term of any agreement or contract that purports to exclude, limit, or modify the operation of this Act, or any duty owed under this Act, or to transfer to another person any…

Section 29 — Insurance against fines unlawful

29 Insurance against fines unlawful (1) To the extent that an insurance policy or a contract of insurance indemnifies or purports to indemnify a person for the person’s liability to pay a fine or…

Section 30 — Management of risks

30 Management of risks (1) A duty imposed on a person by or under this Act requires the person— (a) to eliminate risks to health and safety, so far as is reasonably practicable; and (b) if it is not…

Section 31 — Duties not transferable

31 Duties not transferable A duty imposed on a person by or under this Act may not be transferred to another person. Compare: Model Work Health and Safety Act (Aust) s 14

Section 32 — Person may have more than 1 duty

32 Person may have more than 1 duty A person may have more than 1 duty imposed on the person by or under this Act if the person belongs to more than 1 class of duty holder. Compare: 1992 No 96 s…

Section 33 — More than 1 person may have same duty

33 More than 1 person may have same duty (1) More than 1 person may have the same duty imposed by or under this Act at the same time. (2) Each duty holder must comply with that duty to the standard…

Section 34 — PCBU must consult other PCBUs with same duty

34 PCBU must consult other PCBUs with same duty (1) If more than 1 PCBU has a duty in relation to the same matter imposed by or under this Act, each PCBU with the duty must, so far as is reasonably…

Section 35 — Compliance with other enactments

35 Compliance with other enactments In determining whether a duty imposed on a person by or under this Act is being or has been complied with, a person or a court may have regard to the requirements…

Section 36 — Primary duty of care

36 Primary duty of care (1) A PCBU must ensure, so far as is reasonably practicable, the health and safety of— (a) workers who work for the PCBU, while the workers are at work in the business or…

Section 37 — Duty of PCBU who manages or controls workplace

37 Duty of PCBU who manages or controls workplace (1) A PCBU who manages or controls a workplace must ensure, so far as is reasonably practicable, that the workplace, the means of entering and…

Section 38 — Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces

38 Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces (1) A PCBU who manages or controls fixtures, fittings, or plant at a workplace must, so far as is reasonably…

Section 39 — Duty of PCBU who designs plant, substances, or structures

39 Duty of PCBU who designs plant, substances, or structures (1) This section applies to a PCBU (a designer ) who conducts a business or undertaking that designs— (a) plant that is to be used, or…

Section 40 — Duty of PCBU who manufactures plant, substances, or structures

40 Duty of PCBU who manufactures plant, substances, or structures (1) This section applies to a PCBU (a manufacturer ) who conducts a business or undertaking that manufactures— (a) plant that is to…

Section 41 — Duty of PCBU who imports plant, substances, or structures

41 Duty of PCBU who imports plant, substances, or structures (1) This section applies to a PCBU (an importer ) who conducts a business or undertaking that imports— (a) plant that is to be used, or…

Section 42 — Duty of PCBU who supplies plant, substances, or structures

42 Duty of PCBU who supplies plant, substances, or structures (1) This section applies to a PCBU (a supplier ) who conducts a business or undertaking that supplies— (a) plant that is to be used, or…

Section 43 — Duty of PCBU who installs, constructs, or commissions plant or structures

43 Duty of PCBU who installs, constructs, or commissions plant or structures (1) This section applies to a PCBU who installs, constructs, or commissions plant or a structure that is to be used, or…

Section 44 — Duty of officers

44 Duty of officers (1) If a PCBU has a duty or an obligation under this Act, an officer of the PCBU must exercise due diligence to ensure that the PCBU complies with that duty or obligation. (2) For…

Section 45 — Duties of workers

45 Duties of workers While at work, a worker must— (a) take reasonable care for his or her own health and safety; and (b) take reasonable care that his or her acts or omissions do not adversely…

Section 46 — Duties of other persons at workplace

46 Duties of other persons at workplace A person at a workplace (whether or not the person has another duty under this Part) must— (a) take reasonable care for his or her own health and safety; and…

Section 47 — Offence of reckless conduct in respect of duty

47 Offence of reckless conduct in respect of duty (1) A person commits an offence against this section if the person— (a) has a duty under subpart 2 or 3 ; and (b) without reasonable excuse, engages…

Section 48 — Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness

48 Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness (1) A person commits an offence against this section if— (a) the person has a…