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Electricity Act 1992

Electrical codes of practice

38: Code to be approved by Minister

You could also call this:

“Minister must agree to electrical rules after asking people what they think”

The Minister has to approve electrical codes of practice, changes to these codes, or removing these codes before they can be used. Usually, before the Minister approves anything, WorkSafe needs to let people know about it in the Gazette at least a month before. The Minister also needs to talk to the people who will be affected by the code, change, or removal. These people get a chance to think about how it might affect them and tell the Minister what they think. The Minister then thinks about what people have said.

Sometimes, if the Minister thinks enough people have already been asked about it, they can approve a code, change, or removal without waiting a month or talking to more people. When the Minister approves something, they have to put a notice in the Gazette and show the date it was approved on the code, change, or removal. They also need to let people know about it in a way they think is best.

If you see a notice in the Gazette saying the Minister has approved something, it means all these steps have been followed correctly.

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Work and jobs > Workplace safety Business > Industry rules
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"Electrical codes can include official standards"

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Part 4 Electrical codes of practice

38Code to be approved by Minister

  1. Subject to subsection (5), an electrical code of practice, an amendment to such a code, and a revocation of such a code, shall not have any force or effect until it has been approved by the Minister.

  2. Subject to subsection (3), the Minister shall not approve any code, or any amendment or revocation of a code, unless—

  3. not less than 1 month has elapsed since the publication in the Gazette of a notice of the intention of WorkSafe to apply for approval; and
    1. the Minister has consulted such persons as will be affected by the code or amendment or revocation, or representatives of those persons, and they have had the opportunity to consider its possible effects and to comment on those effects to the Minister; and
      1. the Minister has considered any comments made to the Minister concerning those effects.

        1. The Minister may approve an electrical code of practice or any amendment or revocation of that code without complying with the requirements of subsection (2)(a) or (b) if the Minister is satisfied that sufficient consultation has already taken place in respect of the matters in the code or amendment or revocation.

        2. When the Minister approves an electrical code of practice or an amendment or revocation of that code, the Minister shall—

        3. publish a notice of the approval in the Gazette; and
          1. show the date of the approval on the code, amendment, or revocation and promulgate it in such manner as the Minister thinks fit.

            1. The fact that the Minister has published in the Gazette a notice under subsection (4)(a) shall be conclusive proof that the requirements of this section have been complied with in respect of the approval specified in the notice.

            Compare
            • 1968 No 125 s 24C
            • 1983 No 123 s 6
            Notes
            • Section 38(2)(a): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
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