Electricity Act 1992

General - Functions and powers of WorkSafe and Secretary

8: Special powers of WorkSafe

You could also call this:

“WorkSafe can check and fix dangerous electrical things to keep you safe”

WorkSafe has special powers to help keep you safe when it comes to electrical things. Here’s what they can do:

WorkSafe can tell someone in charge of electrical stuff to take it apart so they can check if it’s safe. They can do this anytime they want.

If WorkSafe thinks something electrical might be dangerous to people or things, they can do whatever they need to make it safe. They can also tell other people what to do or what not to do to help make things safe.

WorkSafe can ask people to show them documents or give them information that will help make things safer. If you’re asked to do this, you have the same rights as if you were talking to a judge in court.

These rules are more important than some other rules about roads.

Remember, WorkSafe is just trying to keep everyone safe from electrical dangers.

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Part 2 General
Functions and powers of WorkSafe and Secretary

8Special powers of WorkSafe

  1. WorkSafe may at any time, by notice in writing, require any person who has control of any works, electrical installation, or electrical appliance to take apart or dismantle any fittings to facilitate or assist an inspection for the purposes of this Act.

  2. Where WorkSafe believes on reasonable grounds

  3. that there is a danger or potential danger to the safety of any person or property arising directly or indirectly from any fittings or electrical appliance or electrical installation; or
    1. that, because of anything done or omitted to be done, or intended to be done or not to be done, by any person, in relation to any fittings or electrical appliance or electrical installation, there would be a danger or potential danger of injury to any person or of damage to any property,—
      1. WorkSafe may do all such things, and require any person to do or refrain from doing all such things, as WorkSafe considers necessary to remove or minimise the danger or potential danger.

      2. WorkSafe's power to require a person to do a thing under subsection (2) includes the power to require, by written notice, that the person—

      3. produce for inspection, within any reasonable period that WorkSafe may specify, any document or class of document in the possession or under the control of the person that WorkSafe considers would assist WorkSafe to remove or minimise a danger or potential danger:
        1. supply, within any reasonable period that WorkSafe may specify, any information or class of information that WorkSafe considers would assist WorkSafe to remove or minimise a danger or potential danger.
          1. Every person who is required to produce documents or supply information under this section has the same privileges in relation to the production of the documents or the supply of the information as witnesses have in any court.

          2. This section shall apply notwithstanding anything to the contrary in section 52 of the Government Roading Powers Act 1989.

          Compare
          • 1982 No 27 s 10
          Notes
          • Section 8 heading: amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 8(1): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 8(2): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 8(2): amended, on , by section 8(1)(a) of the Electricity Amendment Act 2006 (2006 No 70).
          • Section 8(2): amended, on , by section 8(1)(b) of the Electricity Amendment Act 2006 (2006 No 70).
          • Section 8(2A): inserted, on , by section 8(2) of the Electricity Amendment Act 2006 (2006 No 70).
          • Section 8(2A): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 8(2A)(a): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 8(2A)(b): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 8(2B): inserted, on , by section 8(2) of the Electricity Amendment Act 2006 (2006 No 70).
          • Section 8(3): amended, on , by section 50(1) of the Land Transport Management Amendment Act 2008 (2008 No 47).
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