This page contains different parts of laws about Workplace safety.
6: Interpretation
19: Key terms in this Part
20: Cover for personal injury suffered in New Zealand (except mental injury caused by certain criminal acts or work-related mental injury)
26: Personal injury
28: Work-related personal injury
29: Personal injury that is both work-related and motor vehicle injury
30: Personal injury caused by work-related gradual process, disease, or infection
31: Ministerial advisory panel on work-related gradual process, disease, or infection
37: Date on which person is to be regarded as suffering personal injury caused by work-related gradual process, disease, or infection
60: Decision on claim for Schedule 2 injury
61: Decision on claim for noise-induced hearing loss caused by work-related gradual process
64: Corporation must give notice of decisions
71: Employer's obligations in relation to rehabilitation
76: Provision of rehabilitation before and after individual rehabilitation plan agreed
77: Assessment of needs and content of plan
89: Assessment of claimant's vocational rehabilitation needs
93: Medical assessor
95: Conduct of initial medical assessment
97: Employee's right to receive first week compensation
98: Employer's duty to pay first week compensation
108: Assessment of claimant's vocational independence
166: Separate Accounts
167: Application and source of funds
168: Employers to pay levies
168A: Private domestic workers to pay levies
169: Rates of levies
169A: Limit on offsets in case of earnings as self-employed person
170: Classification of industries or risks
172: Work Account levy not payable on earnings of employee over specified maximum
172A: Work Account levy not payable on earnings of self-employed person over specified maximum
173: Estimation of levy
174: Employer to notify increase or decrease of relevant employee earnings
175: Risk adjustment of Work Account levies
176: Incorporation by reference
177: Copy of audit tool and material incorporated by reference to be available to public
178: Criteria for upward adjustment of levies
179: Process for Corporation to decide whether to require audit
180: Effect of audit or refusal to allow audit
181: Interpretation
182: Objectives of sections 181 to 189
183: Framework to be established
184: Accreditation agreements
185: Accreditation requirements
186: Corporation may be accredited employer
187: Accredited employers to provide entitlements
188: Monitoring and audit
189: Reporting and information
190: Purchase of weekly compensation by shareholder-employees
191: Effect on Work Account levy
192: Application and source of funds
193: Liability to pay Residual Claims levy
195: Classification of industries or risk
198: Residual Claims levy where 2 or more employers
199: Promotion of employer involvement
200: Residual Claims levy not payable on earnings over specified maximum
201: Application and source of funds
203: Rate of levies
205: Classification of industries or risk
206A: Risk adjustment of Self-Employed Work Account levy
206B: Incorporation by reference
206C: Copy of material incorporated by reference to be available to public
207: Self-employed Work Account levy not payable on earnings over specified maximum
208: Purchase of weekly compensation by self-employed persons
211: Levies for self-employed persons who purchase weekly compensation
216: Levy categories
219: Earners to pay levies
220: Rate of levies
221: Collection of levies by deduction from employee earnings
225: Levies for persons who purchase weekly compensation
227: Application and source of funds
229: Levy categories and rates
230: Collection of levies
232: Work Account levy payable by employers on disposal or cessation of business or when ceasing to employ
233: Levies payable to Corporation by self-employed person who ceases to derive earnings as such
239: Corporation to define risk classification and decide levy if activity not classified by regulations
243: Power to assess levies
245: Agent to whom levies may be paid
246: Information available to Corporation
250: Penalties and interest due to Corporation in respect of unpaid levies
254: Limitation period
257: Application of sections 248, 249, and 254 to third parties
262: Functions of Corporation
263: Prevention of personal injury
264: Money expended or received for injury prevention to be managed through Accounts
265: Ancillary powers of Corporation
269: Further provisions applying to Corporation
270: Corporation to comply with Government policy
277: Loans and grants to Corporation
279: Purposes for which Corporation to collect information
282: Disclosure of information by Corporation for health purposes
284: Reporting of risk of harm to public
286: Corporation to provide information to Ministry of Business, Innovation, and Employment and to health and safety regulators
287: Purpose of this Part
294: Scope and purpose of sections 295 to 297
298: Work-related gradual process, disease, or infection involving exposure before 1 April 2002
303: Restriction on purchase by Corporation of public health acute services
318: Proceedings for personal injury caused by work-related gradual process, disease, or infection
323: Regulations relating to claims for noise-induced hearing loss caused by work-related gradual process
324: Regulations relating to rehabilitation
325: Regulations relating to ancillary services for rehabilitation
328A: Regulations relating to alternative dispute resolution
329: Regulations relating to levies
331: Consultation and other requirements for regulations relating to levy setting
334: Regulations may confer discretion
335: Regulations may prescribe offences and fines
336: Amendment of Schedule 2 by Order in Council
337: Consequential amendments
340: Purpose of this Part
344: Funding of Regulator
346: Amendments to 1998 Act
347: Saving in respect of 2000 Act
348: Savings in respect of Accident Insurance (Payment for Public Health Acute Services) Regulations 2001
350: Interpretation
351: References to former Acts
352: Purpose of this Part
354: Processing of claims
355: Claims for cover accepted under former Acts
359: Injuries suffered before 1 April 1974
361: Exclusion of cover for personal injury caused by work-related gradual process, disease, or infection if events before 1 April 1974 and death before 1 July 1992
364: Treatment
365: Weekly compensation under Accident Insurance Act 1998
366: Weekly earnings of certain claimants increased
370: Cessation of weekly compensation under any former Act because of national superannuation qualification age
372: Individual rehabilitation plan
374: Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts: attendant care and household help
376: Compensation for pecuniary loss not related to earnings under 1972 and 1982 Acts
378: Personal injury suffered on or after 1 July 1999 and before 1 April 2002
383: Compensation payable to surviving spouses or partners, children, and other dependants under Accident Insurance Act 1998
390: Corporation may revise decisions
391: Review and appeal proceedings for decisions under former Acts
392: Allocation of existing funds
393: Levies, premiums, and other payments under former Acts
394: Accredited employers under Accident Rehabilitation and Compensation Insurance Act 1992
395: Accredited employers under Accident Insurance Act 1998
397: Expiry of section 396
398: Collection of HSE levy
399: Corporation in lead-up to commencement of this Act
Schedule 1: Entitlements
Schedule 2: Occupational diseases
Schedule 4: Deductions on account of earner levies
Schedule 6: Consequential amendments
Schedule 8: Orders and regulations revoked
CX 24: Benefits related to health or safety
CZ 15: Accident insurance contracts before 1 July 2000
110A: Adverse conduct for prohibited health and safety reason
62A: Purpose of this Part
62M: Commission must monitor compliance
21B: Cover for work-related mental injury
169AA: Basis on which funds to be calculated
220A: Basis on which funds to be calculated
278A: Annual financial condition report
1: Short Title and commencement
3: Act to bind the Crown
4A: Declaration of electricity generators as electricity operators
5: Functions of WorkSafe
6: Inspection of works, etc
7: Report to be compiled on inspection
8: Special powers of WorkSafe
9: Objections to WorkSafe's requirements
10: Effect of notice or requirement pending hearing
11: Procedure on hearing of objection
13: WorkSafe may require immediate compliance
16: Notification of accidents
16A: Transfer of accident information
17: Interference with scene of accident
18: Inquiries into accidents
19: Assistance to WorkSafe
20: Obstructing WorkSafe
23: Rights of entry in respect of existing works
23B: Line owner must give notice of intention to inspect or operate existing works
23C: Notice in emergencies
24: Construction or maintenance of works on roads
25: Notice to be given before work undertaken
26: Offence
27: Appeals in relation to conditions imposed
28: Determination of appeals
31: Rights of entry in respect of level crossings
32: Local authority, etc, may require works to be moved
33: Cost of work required under section 32
34: Government Roading Powers Act 1989 not to apply
35: Owners and occupiers of private land may move works
36: Issue of electrical code of practice
37: Code may incorporate official standards by reference
38: Code to be approved by Minister
39: Availability of codes
40: Emergency amendment of code
41: Citation of code
42: Proof of code
43: Codes promulgated under Electricity Act 1968
57: Compensation for damage
59: Returns relating to construction of works, etc
60: Standards for electricity supply
61: Safety requirements
62: Continuance of supply
73: Expiry of this Part
75: Board may exempt person or class of persons from section 74
76: Exemption for work done under supervision
79: Exemption for domestic electrical wiring work
80: Exemption for maintenance of domestic appliances
82: Testing, certification, and inspection
83: Power of entry
117: Prescribed electrical work may be done under employer licence
120: Cancellation, suspension, and other actions in relation to employer licences
123: Powers of inspection
143: Disciplinary offence
145: Secretary must appoint investigator
147: Investigator's powers
149: Functions of Board
154: Complaints Assessment Committees
158: Review of operation of Act
159: Conditions relating to power to enter land or premises
161: Unlicensed or unregistered person must not claim to be licensed or registered
162: Offence to engage in prescribed electrical work in breach of section 74
163: Offence to employ person to engage in prescribed electrical work in breach of section 74
164: Directors and officers of bodies corporate
165: Time for filing charging document
168: Notices in relation to Maori land
169: Regulations
169A: Regulations that prescribe requirements for safety management systems
169B: Miscellaneous provisions relating to regulations that prescribe requirements for safety management systems
171: Information to be supplied to Secretary
172A: Outline of subpart
172CA: Reserve energy
172E: Conditions and process for recommendations on electricity governance regulations
172F: Assessment of proposed electricity governance regulations
172G: Process for recommendations on other electricity governance regulations
172K: Supplementary empowering provision for regulations
172KB: Party must co-operate with investigations
172KD: Limits on investigation powers
172KI: Judicial review not precluded
172KK: Right of appeal against suspension or termination orders
172KM: Determination of appeals
172M: Continuation of Commission
172S: Duties of members
172W: EGB to make recommendations concerning electricity governance regulations and rules
172Y: Obligation to consult
172ZB: Procedure for giving direction
172ZQ: Functions under this subpart
173: Repeals, revocations, and consequential amendments
174: Regulations deemed to have been made under this Act
175: Savings
179: Certificate of compliance where prescribed electrical work covered by building consent
180: Transitional provision relating to electricity agreements
181: Electricity distributors to ensure provision of inspection services
182: Transitional provisions relating to proceedings, etc
Schedule 1: Provisions applying in respect of Rural Electrical Reticulation Council
Schedule 2A: Further provisions for the Commission and the Commission's Board
Schedule 4: Enactments amended
Schedule 5: Regulations and orders revoked
Schedule 6: Regulations deemed to have been made pursuant to section 169
61A: Electricity generators and electricity distributors must have safety management systems
87: Principles guiding prescribing of registration and licensing matters
89: Notices made under sections 84 and 85 must be approved by Minister
90: Other provisions relating to notices under sections 84 and 85
108: Competence programmes
115: Employer licence
116: Requirements treated as satisfied if person obtains certification from approved person
147A: Secretary must supply warrant of authority
147C: Restriction on entry to dwellinghouse
147E: Notices to supply information or documents
147I: Interim suspension or disqualification
147N: Costs and expenses
147P: Suspension, restriction, or disqualification may take effect immediately
147Q: Effect of disqualification
147W: Evidence
147Y: Orders to be in writing
147ZG: Decision to continue in force pending appeal
156A: Power to amend or revoke
163A: Offence to fail to comply with condition of employer licence
163B: Offence to breach requirement to have safety management system
163C: Offences for actions or omissions likely to cause serious harm or significant property damage
163D: Other offences
165B: Infringement notices
165C: Procedural requirements for infringement notices
165D: Payment of infringement fee
122A: Exemption from section 122(1)
24A: Criteria for setting reasonable conditions
43A: Different Ministries responsible for different codes
223E: Objection to improvement notice
223F: Penalty
223G: Withdrawal of improvement notice
82C: When requirement for secret ballot does not apply
5A: Functions of Secretary
5B: WorkSafe and Secretary must share information
3: Purpose
4: Transitional, savings, and related provisions
7: Application of Act to Armed Forces
9: Application of Act to aircraft in operation
10: Application of Act to ships
11: Application of Act in exclusive economic zone and in or on continental shelf
12: Application of Act to prescribed high-risk plant
16: Interpretation
17: Meaning of PCBU
19: Meaning of worker
20: Meaning of workplace
21: Meaning of supply
22: Meaning of reasonably practicable
23: Meaning of notifiable injury or illness
24: Meaning of notifiable incident
25: Meaning of notifiable event
26: Status of examples
27: PCBU must not levy workers
28: No contracting out
36: Primary duty of care
37: Duty of PCBU who manages or controls workplace
38: Duty of PCBU who manages or controls fixtures, fittings, or plant at workplaces
39: Duty of PCBU who designs plant, substances, or structures
40: Duty of PCBU who manufactures plant, substances, or structures
41: Duty of PCBU who imports plant, substances, or structures
42: Duty of PCBU who supplies plant, substances, or structures
43: Duty of PCBU who installs, constructs, or commissions plant or structures
44: Duty of officers
45: Duties of workers
46: Duties of other persons at workplace
47: Offence of reckless conduct in respect of duty
48: Offence of failing to comply with duty that exposes individual to risk of death or serious injury or serious illness
49: Offence of failing to comply with duty
50: Liability of officers
51: Liability of volunteers
52: Liability of certain office holders
53: Actions taken to prevent harm
54: Proof of intention not required for certain offences
58: Duty to engage with workers
59: Nature of engagement
60: When engagement is required
61: Duty to have worker participation practices
62: Election of health and safety representatives
64: Determination of work groups
68: Further provisions relating to mining sector
69: Provisional improvement notices
70: Training requirements relating to issue of provisional improvement notice
71: Requirements relating to provisional improvement notices
72: Provisional improvement notice may include recommendations to remedy contravention
73: Minor changes to provisional improvement notice
74: Issue of provisional improvement notice
75: Cancellation of provisional improvement notice
76: Display of provisional improvement notice
77: Irregularities or defects in notice
78: Offence relating to breach of provisional improvement notice
79: Review of provisional improvement notice
80: Regulator must ensure inspector reviews notice
81: Decision of inspector on review of provisional improvement notice
82: Meaning of cease work
83: Right of worker to cease or refuse to carry out unsafe work
84: Health and safety representative may direct unsafe work to cease
86: Alternative work
87: Regulator may assist to resolve issues relating to cessation of work
88: Meaning of adverse conduct
89: Meaning of prohibited health and safety reason
90: Prohibition on adverse conduct
91: Prohibition on requesting, instructing, inducing, encouraging, authorising, or assisting adverse conduct
92: Prohibition on coercion or inducement
93: Misrepresentation
94: Proof of adverse conduct
95: Civil proceedings in relation to engaging in or inducing adverse or coercive conduct
96: Procedure for civil proceedings for adverse conduct
97: General provisions
98: Resolution of work health and safety issues
99: Regulator may appoint inspector to assist parties in resolving issue
100: Meaning of notice
101: Power to issue improvement notices
102: Content of improvement notices
103: Compliance with improvement notice
104: Extension of time for compliance with improvement notices
105: Power to issue prohibition notice
106: Content of prohibition notice
107: Compliance with prohibition notice
108: Power to issue non-disturbance notice
109: Content of non-disturbance notice
110: Compliance with non-disturbance notice
111: Issue of subsequent non-disturbance notices
112: General provisions relating to notices
113: Changes to notice by inspector
114: Regulator may vary or cancel notice
115: Formal irregularities or defects in notice
116: Issue of notice
117: Display of notice at workplace by person issued with notice
119: When regulator may carry out remedial action
120: Power of regulator to take other remedial action
121: Costs of remedial or other action
122: Civil proceedings relating to non-compliance with notice
123: Regulator may accept enforceable undertakings
124: Notice of decision and reasons for decision
125: When enforceable undertaking is enforceable
126: Compliance with enforceable undertaking
127: Contravention of enforceable undertaking
128: Withdrawal or variation of enforceable undertaking
129: Proceedings for alleged contravention
130: Interpretation
131: Application for internal review
132: Decision of regulator
133: Notice of decision on internal review
134: Stay of reviewable decision on internal review
136: Interpretation
137: Proceedings for infringement offence
138: Infringement notices
139: Revocation of infringement notice
140: Payment of infringement fees
141: Meaning of enforcement action
142: Person may notify regulator of interest in knowing of enforcement action taken by regulator
143: Prosecutions by regulator
145: Continuing or repeated matters
150: Application of subpart
151: Sentencing criteria
152: Order for payment of regulator's costs in bringing prosecution
153: Adverse publicity orders
154: Orders for restoration
155: Work health and safety project orders
156: Release on giving of court-ordered enforceable undertaking
157: Injunctions
158: Training orders
159: Offence to fail to comply with order
163: Appointment of inspectors
164: Identity cards
165: Suspension and ending of appointment of inspectors
166: Inspectors subject to regulator's directions
168: Powers of entry and inspection
169: Power to enter homes
170: Power to deal with cause of imminent danger
171: Notice of entry
172: Power to take samples and other objects and things
173: Power of regulator to authorise making of applications for search warrants
174: Continuation of powers of entry and inspection without search warrants
175: Power to require name and address
176: Duty to assist inspectors
177: Immunity of inspectors and persons assisting inspectors or regulator
178: Offence for failing to provide inspector with correct name and residential address
179: Offence to hinder or obstruct inspector
180: Offence to impersonate inspector
181: Appointment of health and safety medical practitioners
183: Powers of entry and inspection of health and safety medical practitioners
184: Health and safety medical practitioners may require workers to be medically examined
185: Health and safety medical practitioners may suspend workers in certain cases
186: Immunity of health and safety medical practitioners and persons assisting health and safety medical practitioners
187: Offence to hinder or obstruct health and safety medical practitioner
188: Offence to impersonate health and safety medical practitioner
189: Role of WorkSafe
190: Functions and powers of regulator other than WorkSafe
191: Designated agencies
193: Proceedings not to be questioned for want of form
194: Designated agency must give effect to joint policy directions
195: Health and Safety at Work Strategy
196: Workplace injury prevention
197: Sharing of information between regulator and regulatory agencies
198: Requirement of other regulator to notify WorkSafe of notifiable event
199: Requirement of medical officer of health to notify regulator of work-related notifiable disease or hazardous substances injury
200: Coroner may call for report on fatal accident
201: Funding levy
202: Consultation requirement relating to funding levy
209: Offence to give false or misleading information
210: Confidentiality of information
211: Regulations relating to health and safety
212: Regulations relating to hazardous substances
213: Regulations relating to exemptions in respect of Armed Forces
214: Regulations relating to worker engagement, participation, and representation
216: Regulations providing for transitional matters
217: Consultation requirements for making certain regulations
218: Further provisions relating to regulations
219: Procedure for making regulations relating to definitions, exclusions, or exemptions
222: Approval of codes of practice
223: Publication and commencement of approved code of practice
224: Access to approved codes of practice
225: Proof of codes of practice
226: Use of approved codes of practice in proceedings
227: Minister may approve safe work instruments
228: Legal effect of safe work instruments
229: Minister may delegate approval of codes of practice and safe work instruments to regulator
231: Repeals and revocations
232: Consequential amendments
Schedule 1: Transitional and savings provisions
Schedule 3: Health and safety in mining sector
Schedule 5: Consequential amendments
84: Lawful strikes and lockouts on grounds of safety or health
229: Powers of Labour Inspectors
231: Entry warrant
233: Obligations of Labour Inspectors
235: Obstruction
29: Insurance against fines unlawful
63: Requirements for conducting elections
85: Training requirements relating to giving direction to cease work
66: Health and safety committees
144: Private prosecutions
5: Application of Act to the Crown
6: Enforcement of Act against the Crown
8: Application of Act to intelligence and security agencies
13: Certain provisions of Part 3 do not apply to members of Armed Forces
14: Part 3 does not apply to volunteer workers
18: Meaning of officer
30: Management of risks
31: Duties not transferable
32: Person may have more than 1 duty
33: More than 1 person may have same duty
34: PCBU must consult other PCBUs with same duty
35: Compliance with other enactments
55: Duty to preserve sites
56: Duty to notify notifiable event
57: Requirement to keep records
65: Determination of numbers of health and safety representatives for work groups
67: Further provisions relating to health and safety representatives and health and safety committees
118: Inspector may display notice
146: Limitation period for prosecutions brought by regulator
147: Extension of time if regulator needs longer to decide whether to bring prosecution
148: Limitation period for private prosecutions
149: Certain proceedings may be brought after end of limitation period if fresh evidence discovered
160: State of mind of directors, employees, or agents attributed
162: Proceedings involving classified security information
182: Suspension and ending of appointment of health and safety medical practitioners
204: Requirements for authorisation of workplaces
205: Requirements for authorisation of plant or substance
206: Requirements for authorisation of work
207: Requirements for prescribed qualifications or experience
208: Requirement to comply with conditions of authorisation
215: Regulations relating to levies
220: Regulator may grant exemption from compliance with regulations
221: Status and publication of exemptions granted by regulator
230: Relationship between regulations relating to hazardous substances under this Act and Resource Management Act 1991
Schedule 2: Health and safety representatives and health and safety committees
Schedule 4: Provisions relating to classified security information
167: Regulator has powers of inspector
1: Title
2: Commencement
166B: Funding policy statement
336A: Repeal of and amendments to provisions relating to residual levies for Work Account
148: Compliant drug test defined
181: Application of health and safety legislation, etc
174D: Establishment of workplace incentive programmes
174C: Minister's approval of certain workplace incentive programmes
174B: Process to develop workplace incentive programme
174A: Corporation may develop and establish workplace incentive programmes
174E: Amendments to workplace incentive programme
174F: Corporation must report on effectiveness of workplace incentive programmes
264A: Workplace injury prevention action plan
264B: Injury prevention measures undertaken by WorkSafe and funded by Corporation or jointly undertaken
169D: Legal effect of electricity safety instruments
169C: Minister may approve electricity safety instruments
169E: Minister may delegate approval of electricity safety instruments to WorkSafe
207O: Sharing evidence or information with occupational bodies
This project is an experiment to take difficult language, and make it easier to read and understand for everyone.
What’s our process for taking the law and turning it into plain language?
Laws are often hard to read. They use a lot of words and language we don’t usually use when we talk.
What are the good and bad sides of using AI?
We hope that this information will help people understand New Zealand laws. But we think that it’s important you talk to someone who understands the law well if you have questions or are worried about something.
You can talk to Community Law or Citizen’s Advice Bureau about your rights.
Remember that AI can make mistakes, and just reading the law isn’t enough to understand how it could be used in court.
