New Zealand > Occupational safety and health

New Zealand - Occupational safety and health - Law, Act

Smoke-free Environments (Prohibiting Smoking in Motor Vehicles Carrying Children) Amendment Act 2020 (2020 No 19). -

Adoption: 2020-05-28 | NZL-2020-L-110020

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Smoke-free Environments Regulations 2017 (2017/123). -

Adoption: 2017-06-06 | NZL-2017-R-108270

New Zealand - Occupational safety and health - Law, Act

Radiation Safety Act 2016 (2016 No 6). -

Adoption: 2016-03-07 | NZL-2016-L-103740

Part 1 - Preliminary matters and regulation of activities that involve radiation source
Subpart 1—Preliminary matters
Subpart 2—Activities that require authorisation
Subpart 3—Register of controlled radiation sources and records
Subpart 4—Enforcement

Part 2 - Appeals, emergencies, offences, and other matters
Subpart 1—Appeals
Subpart 2—Emergencies
Subpart 3—Offences
Subpart 6—Codes of practice and regulations
Subpart 7—Other matters

Schedule 1 - Transitional, savings, and related provisions
Schedule 2 - List of radioactive material and acceptable activity concentration levels and activity levels
Schedule 3 - Dose limits for ionising radiation
Schedule 4 - Radiation Safety Advisory Council
Schedule 5 - Consequential amendments

New Zealand - Occupational safety and health - Law, Act

Health and Safety at Work Act 2015 (2015 No 70). -

Adoption: 2015-09-04 | Date of entry into force: 2016-04-04 | NZL-2015-L-100549

A key aspect of the Bill is the creation of a new duty holder, known as a Person Conducting a Business or Undertaking (PCBU). A "worker" is defined as a person who carries out work in any capacity for a PCBU, including work as an employee, a contractor or subcontractor, an employee of a contractor or subcontractor or an employee of a labour hire company who has been assigned to work for the PCBU, an outworker, an apprentice or trainee, a person gaining work experience or undertaking a work trial, a volunteer or a person of a prescribed class. The Act replaces the current standard under the HSE Act ("All Practicable Steps") with a new "reasonably practicable" standard. "Reasonably practicable" is defined as:

"...that which is, or was, at a particular time, reasonably able to be done in relation to ensuring health and safety, taking into account and weighing up all relevant matters, including:
- the likelihood of the hazard or the risk concerned occurring;
- the degree of harm that might result from the hazard or risk;
what the person concerned knows, or ought reasonably to know, about
- the hazard or risk; and
- ways of eliminating or minimising the risk;
the availability and suitability of ways to eliminate or minimise the risk; and
after assessing the extent of the risk and available ways of eliminating or minimising the risk, the cost associated with available ways of eliminating or minimising the risk, including whether the cost is grossly disproportionate to the risk."

New Zealand - Occupational safety and health - Law, Act

WorkSafe New Zealand Amendment Act 2015 (2015 No 74). -

Adoption: 2015-09-04 | Date of entry into force: 2018-01-01 | NZL-2015-L-100556

New Zealand - Occupational safety and health - Law, Act

WorkSafe New Zealand Act 2013 (2013 No 94). -

Adoption: 2013-11-18 | Date of entry into force: 2013-12-16 | NZL-2013-L-100555

Establishes WorkSafe New Zealand which is to operate under the Ministry of Business, Innovation and Employment (MBIE). The main objectives of WorkSafe New Zealand are to promote and contribute to securing the health and safety of workers and workplaces, and, when performing its functions under the relevant health and safety legislation, to act in a way that furthers any relevant objectives or purposes stated in that legislation.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment (Adventure Activities) Regulations 2011 (2011/367). -

Adoption: 2011-10-10 | Date of entry into force: 2011-11-01 | NZL-2011-R-91118

These regulations are the Health and Safety in Employment (Adventure Activities) Regulations 2011. The regulations make it an offence for an adventure activity operator to provide an adventure activity to a participant unless the operator is registered to provide the activity. The offence provision applies to an operator only on and from 1 November 2014, or an earlier date if the Secretary of the Department of Labour (the Secretary) gives a written notice requiring the operator to become registered before then.
An activity must meet certain requirements to qualify as an adventure activity. However, some activities are excluded outright. The regulations set out the process for becoming registered as an adventure activity operator. The process includes the requirement that the operator obtains and passes a safety audit from a recognised safety auditor. An operator is audited for compliance with the 1 or more safety audit standards that apply to the activities provided by the operator. The Secretary develops and publishes the standards. An audit may allow the operator to be registered for up to 3 years before another audit is required. A fee is payable for each year of registration.
Adventure activity operators who provide adventure activities on or before 31 December 2013 must provide certain information to the Secretary. Evidence of certain safety audits may be included and may preclude the Secretary from giving a written notice requiring the operator to become registered before 1 November 2014. The regulations set out the requirements for becoming recognised as a safety auditor by the Secretary. A safety auditor's functions include providing safety audits to adventure activity operators, monitoring compliance with the conditions of safety audit certificates, and providing
the registrar with views on certain matters.
The regulations also set out the requirements for becoming recognised as the registrar by the Secretary. The registrar's functions include keeping and maintaining a public register of adventure activity operators and suspending or cancelling the registration of operators
in appropriate situations.
The Secretary may grant an exemption to 1 or more adventure activity operators from the requirement to be registered when providing an adventure activity to a participant. An exemption may be cancelled.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances and New Organisms (Organisms Prescribed as Not New Organisms) Regulations 2009 (SR 2009/143). -

Adoption: 2009-05-18 | NZL-2009-R-82511

The organisms in the Schedule are prescribed as not new organisms for the purposes of the Hazardous Substances and
New Organisms Act 1996.

New Zealand - Occupational safety and health - Law, Act

Building Act 2004 (2004 No. 72). -

Adoption: 2004-08-24 | NZL-2004-L-91125

Part 1 - Preliminary provisions
Part 2 - Building
Part 3 - Regulatory responsibilities and accreditation
Part 4 - Regulation of building practitioners
Part 5 - Miscellaneous provisions

Schedule 1: Exempt building work
Schedule 2: Buildings in respect of which requirement for provision of access and facilities for persons with disabilities applies
Schedule 3: Further provisions applying to Board
Schedule 4: Enactments amended

Repeals the Building Act 1991.

New Zealand - Occupational safety and health - Law, Act

Injury Prevention, Rehabilitation and Compensation Amendment Act 2003 (No. 29 of 2003).

Adoption: 2003-06-27 | NZL-2003-L-68269

Amends Injury Prevention, Rehabilitation and Compensation Act 2001. Makes provision for appeal to High Court on question of law. Also provides for application and source of funds, rate of levies, levy categories, collection of levies and some related matters.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Minimum Degrees of Hazard) Regulations 2001 (No. 112 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62605

Prescribes for each intrinsic substance property the minimum degrees of hazard that must be met before a substance is considered hazardous for the purposes of the Act.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Forms and Information) Regulations 2001 (No. 114 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62607

Prescribes information to be included in applications for approval relating to hazardous substances under the Harzardous Substances and New Organisms Act. Also prescribes form of search warrants issued under Section 119 of the Act.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Exempt Laboratories) Regulations 2001 (No. 115 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62608

Prescribes requirements to be met by laboratory in order to utilise exemption for small-scale uses of hazardous substances in research and development or teaching that is provided for in Section 33 of the Hazardous Substances and New Organisms Act. If approved hazardous substances are used or are available for use in a laboratory, controls imposed by the Act do not apply to those substances.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001 (No. 116 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62609

Prescribes controls for class 1, 2, 3, 4, and 5 hazardous substances. Properties of classes are as follows: class 1: explosiveness; class 2: flammability, gases; class 3: flammability, liquids; class 4: flammability, solids; class 5: capacity to oxidise.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Classes 6, 8 and 9 Controls) Regulations 2001 (No. 117 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62610

Prescribes controls for classes 6, 8 and 9 hazardous substances. These are toxic, corrosive and ecotoxic substances respectively.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Packaging) Regulations 2001 (No. 118 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62611

Prescribes packaging requirements for various hazardous substances.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Disposal) Regulations 2001 (No. 119 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62612

Prescribes disposal requirements for particular hazardous substances as well as certain information requirements relating to disposal of those substances.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Tracking) Regulations 2001 (No. 120 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62613

Prescribes hazardous substances for which tracking is required and information that is to be recorded in respect of those substances.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Fireworks) Regulations 2001 (No. 121 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62614

Regulates sale of fireworks to public. Sale of fireworks to public is permitted during 10 days before Guy Fawkes night (27 October to 5 November). Sale of fireworks outside this period may be permitted by Environmental Risk Authority under these regulations if sale is for use at a gathering held for cultural or religious purposes.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances and New Organisms (Personnel Qualifications) Regulations 2001 (No. 122 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62615

Prescribes knowledge and practical skills that approved handlers, enforcement officers and test certifiers must have. Also states requirements relating to test certificates for approved handlers. Revokes Hazardous Substances and New Organisms Qualification for Enforcement Officers Regulations 2000.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Emergency Management) Regulations 2001 (No. 123 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62616

Prescribes emergency management requirements for hazardous substances.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Identification) Regulations 2001 (No. 124 of 2001).

Adoption: 2001-05-28 | Date of entry into force: 2001-07-02 | NZL-2001-R-62617

Prescribes identification requirements for hazardous substances.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Hazardous Substances (Classification) Regulations 2001 (No. 113 of 2001).

Adoption: 2001-05-18 | Date of entry into force: 2001-07-02 | NZL-2001-R-62606

Prescribes classification criteria for each intrinsic hazardous substance property. Criteria for classification are set out in Schedules 1-6. Tables showing all subclasses and categories are contained in Schedule 7.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations, 1999 (SR 1999/349). -

Adoption: 1999-10-11 | NZL-1999-R-57973

Part 1 makes provision for duties relating to all petroleum operations. Deals with, inter alia, managers to be appointed to exercise supervision, management of hazardous liquids, vapours or gases, emergency procedures, safe disposal of waste petroleum, sources of ignition, notification of initial discharge of petroleum, as well as design, construction, operation, maintenance, suspension and abandonment standards. Part 2 regulates duties relating to well-drilling operations, and Part 3 duties relating to installations.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment (Pipelines) Regulations 1999 (SR 1999/350). -

Adoption: 1999-10-11 | NZL-1999-R-91122

Sections:
1. Title and commencement
Preliminary
2. Interpretation
3. Meaning of employer and employee
4. Relationship between Act and regulations
Managers
5. Managers to be appointed to exercise supervision
General duties
6. Management of hazardous liquids, vapours, and gases
7. Identification and location of pipelines
8. Design, construction, operation, maintenance, suspension, and abandonment standards
Provisions relating to certification
9. Recognition of inspection bodies
10. Inspection body to carry out inspections and issue certificates of fitness
11. Compliance with certificates of fitness Notifiable operations
12. Notification of certain operations
13. Other notifications
Duties relating to land occupiers and controlling authorities
14. Abandonment of pipeline operation
15. Notification to land occupiers or controlling authorities
16. Work which might adversely affect pipelines
17. Emergency procedures
Revocation
18. Revocation
Offences
19. Offences

Schedule 1 - Form of certificate of fitness
Schedule 2 - Particulars to be notified to Secretary

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations, 1999 (SR 1999/128). -

Adoption: 1999-05-24 | NZL-1999-R-57586

Makes provision for duties of controllers; duties in relation to unsafe equipment; duties of designers, manufacturers, and suppliers; inspection bodies, quality management systems and qualification issuing agencies; certificates, and offences.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment (Asbestos) Regulations 1998 (SR 1998/443). -

Adoption: 1998-12-14 | NZL-1998-R-52838

Sets forth duties of employers with regard to storage and handling of asbestos, dust control measures, and protective clothing and equipment. Part 4 outlines the duties of manufacturers and suppliers of asbestos to label their products.

New Zealand - Occupational safety and health - Law, Act

Hazardous Substances and New Organisms Act 1996 (1996 No. 30). -

Adoption: 1996-06-10 | NZL-1996-L-44842

Creates an Environmental Risk Management Authority charged with regulating the storing and transportation of hazardous substances, explosives, animals, and genetically altered organisms.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment Regulations 1995 (SR 1995/167). -

Adoption: 1995-08-21 | Date of entry into force: 1995-10-02 | NZL-1995-R-45976

Covers duties of employers (provision of facilities and protective equipment); duties in relation to management of particular hazards; certificates of competence. Part V relates to duties in relation to young workers. Persons under 15 years of age are prohibited from working with machinery or hazardous materials; persons under 16 shall not work between the hours of 10PM to 6AM.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Health and Safety in Employment (Rates of Funding Levy) Regulations 1994 (SR 1994/49). -

Adoption: 1994-03-28 | NZL-1994-R-91123

New Zealand - Occupational safety and health - Law, Act

Gas Act 1992 (1992, No. 124). -

Adoption: 1992-12-17 | NZL-1992-L-94514

New Zealand - Occupational safety and health - Law, Act

Electricity Act 1992 (1992 No 122). -

Adoption: 1992-12-17 | NZL-1992-L-94515

New Zealand - Occupational safety and health - Law, Act

Smoke-free Environments Act 1990 (1990 No 108). -

Adoption: 1990-08-28 | NZL-1990-L-47658

Governs smoking in public spaces and the control of tobacco products. S. 5 stipulates that employers draw up a smoking policy for the workplace which guarantees smoke-free areas and procedures to ensure a distance of at least 2 metres between smoking and non-smoking employees.

New Zealand - Occupational safety and health - Law, Act

Mining Amendment Act 1985.

Adoption: 1985-06-11 | NZL-1985-L-1800

Act No. 92 to amend the Mining Act 1971. Enacts inter alia new provisions concerning the duties and powers of inspectors of mines to verify safety and health measures in mining operations.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Radiation Protection Regulations 1982 (SR 1982/72). -

Adoption: 1982-03-29 | NZL-1982-R-91127

Part 1 - Transport of radioactive material
Part 2 - Exemptions
Part 3 - General obligations of owners, licensees, and other persons
Part 4 - Particular provisions for protection
Part 5 - Radiotherapy and diagnosis
Part 6 - Miscellaneous provisions

Schedule 1: Activities and concentrations of radioactive materials
Schedule 2: Labels and warning signs
Schedule 3: Exempted articles

New Zealand - Occupational safety and health - Law, Act

Shops and Offices Amendment Act 1974.

Adoption: 1974-11-08 | NZL-1974-L-15448

An Act to amend the Shops and Offices Act 1955. No. 121. Inserts a new s. 26A (employment injuries) and amends First Schedule.

New Zealand - Occupational safety and health - Regulation, Decree, Ordinance

Order in Council: First Aid (Factories) Regulations l966, Amendment No. 1.

Adoption: 1973-06-18 | NZL-1973-R-15761

New Zealand - Occupational safety and health - Law, Act

Workers' Compensation Amendment Act 1972.

Adoption: 1972-10-20 | NZL-1972-L-16779

An Act to amend the Workers' Compensation Act 1956 [LS 1956 - NZ 1 (consolidation)]. No. 125. Miscellaneous amendments: inter alia, adds a new subsection (5) to s. 19A (compensation for industrial deafness).

New Zealand - Occupational safety and health - Law, Act

Factories Amendment Act 1971.

Adoption: 1971-11-05 | NZL-1971-L-17303

An Act to amend the Factories Act 1946 [LS 1946 - NZ 4 (consolidation) ... 1949 - NZ 4]. No. 45. Miscellaneous amendments respecting women's overtime and safety and health (protection from fire and harmful noise; workers' duties).

New Zealand - Occupational safety and health - Law, Act

Poisons Amendment Act 1969.

Adoption: 1969-09-20 | NZL-1969-L-17779

An Act to amend [ss. 2 to 13 of] the Poisons Act 1960. No. 44.

New Zealand - Occupational safety and health - Law, Act

Noxious Substances Regulations 1954 (SR 1954/128). -

Adoption: 1954-08-18 | NZL-1954-L-94512

Implements the Health Act 1920 and the Factories Act 1946 [now repealed].