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Other Legislation

The content in this section is aimed at helping you to find out what legislaiton may apply to your operation.The list of legislation is not necessarily comprehensive. If you know of legislation that would be useful to add to this resource, please contact us.

Amusement Devices

Amusement Devices Regulations 1978 

These regulations institute a system for the registration and inspection of amusement devices.  They specify certain standards that devices must meet, and impose certain safety requirements. 

Relevance

These regulations apply to owners and operators of amusement devices.  This includes any adventure tourism operation that has a mechanised component integral to the activity, for example: vertical or reverse bungy operations or rope swings with winches or scissor-lifts.  

Accident Compensation Scheme

Injury Prevention, Rehabilitation, and Compensation Act 2001

This Act aims to enhance the public good by providing for a fair and sustainable accident compensation scheme for managing personal injury – including personal 
The accident compensation scheme provides no fault accident insurance cover for all New Zealand citizens, residents and temporary visitors to New Zealand. In return, people do not have the right to sue for personal injury, other than for exemplary damages. 
The scheme is administered by the Accident Compensation Corporation. 
Some of the most relevant components of the Act include:

Rehabilitation 

The Act seeks to ensure that where injuries occur, ACC’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant's health, independence, and participation. 

Claims and compensation 

The Act aims to ensure that, during their rehabilitation, claimants receive fair compensation for loss from injury. This includes a fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment. 
The Act has provisions to regulate how to make a claim for cover and entitlements, and the process ACC must follow in deciding claims. It also sets out the entitlements and provides for the resolution of disputes about decisions. 

Injury information 

The Act establishes a framework for the collection, co-ordination, and analysis of injury-related information. 

Relevance

This Act is most relevant to any injured person.  ACC levies are paid by any employed person, almost like a tax, from their wages.  Employers pay per 100 of their employees, depending on the industry.  Self-employed people can end up paying two types of levies and should ensure they are not under- or overpaying.
Note: Companies can improve safety processes and save money by pursuing the Workplace Safety Management Plan criteria - for some companies this leads to levy discounts up to 20%.More information can be found at ACC workplace safety management plan

Hazardous Substances and New Organisms

Hazardous Substances and New Organisms Act 1996 

The purpose of this Act is to protect the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. 
A new organism could be a plant, animal or micro-organism coming into New Zealand for the first time or a new species developed through genetic modification. Hazardous substances could be explosive, flammable, corrosive, toxic or eco-toxic. 
The Act establishes: 
A comprehensive assessment and approval process for introducing new hazardous substances and new organisms into New Zealand 
A consistent, control framework based on performance requirements for hazardous substances and new organisms 
A toolbox of regulations to manage hazardous substances (e.g. labelling, packaging storage, transportation, manufacture, use, and disposal restrictions). 

Relevance

This Act is relevant to any employer/principal whose operation involves the use of hazardous substances, particularly in large quantities. Hazardous substances can include petrol, cleaning products, solvents and agrichemicals.

Transport

Land Transport Act 1998 

This Act is New Zealand’s main land transport safety Act. Its purposes include: 
  • Promoting safe road user behaviour and vehicle safety 
  • Providing for a system of rules governing road user behaviour, the licensing of drivers, and technical aspects of land transport, and to recognise reciprocal obligations of persons involved
  • Consolidating and amending various enactments relating to road safety and land transport
  • Enabling New Zealand to implement international agreements relating to road safety and land transport

Land Transport Management Act 2003 

This Act contributes to the achievement of an integrated, safe, responsive, and sustainable land transport system. 

The Land Transport Management Amendment Act 2004 

Land Transport New Zealand allocates and manages funding for land transport infrastructure and services through the National Land Transport Programme. 

Transport (Vehicle and Driver Registration and Licensing) Act 1986 

This Act sets out the law relating to the registration and licensing of motor vehicles and related matters. 

Transport Services Licensing Act 1989 

This Act outlines the licensing requirements for commercial transport operators.

Transport Accident Investigation Commission Act 1990 

This Act establishes the Transport Accident Investigation Commission, 

Road User Charges Act 1977 

This Act imposes charges for the use of roads by heavy vehicles and certain other vehicles, such diesel powered vehicles.

Relevance

Road transport laws are relevant to any employer/principal whose operation involves vehicles, whether to transport clientele or for other purposes.  They are also relevant to any employees who are in charge of a vehicle.

Maritime Safety

While harm from drowning or near drowning is an obvious concern in this sector, its safety law has a wider focus as well - injuries from falls on ships, and accidents from machinery and equipment are also important considerations.

Maritime Transport Act 1994

Maritime New Zealand’s principal objective is to undertake activities that promote a safe maritime environment, and to provide effective marine pollution prevention and an effective marine oil pollution response system, at a reasonable cost. Ship safety is, therefore, a core business of Maritime New Zealand. 

Local Government Act 1974 

This Act deals with local navigational safety matters, which are not covered under the Maritime Transport Act. Regional councils can make bylaws in relation to navigation within their regional waters (e.g. reserving areas for specified craft in the interests of navigation safety). See the Local Government section.

Relevance

Maritime law is relevant to those whose operation involves water transportation, and any employee who has charge or involvement in the running of craft. Any operator whose business includes boats, rafts, etc, on both marine and inland waterways, needs to be familiar with the requirements of maritime law. 

Civil Aviation

Civil Aviation Act 1990 

The Act establishes rules of operation and divisions of responsibility within the New Zealand civil aviation system in order to promote aviation safety.
It establishes the Civil Aviation Authority (CAA), which develops civil aviation safety and security standards, and monitors adherence to those standards.
The CAA carries out accident and incident investigations and collates this material to establish an industry-wide safety picture. This forms the basis of safety initiatives ranging from education campaigns to increased monitoring and regulatory action. 
The CAA also provides search and rescue services throughout New Zealand and the South Pacific, and meets New Zealand's obligations to the international civil aviation community. 
The Civil Aviation Act includes requirements for the entry into the civil aviation system (e.g. registering aircraft). It defines the roles, powers, and duties of the key players in the system, and creates a range of offences and penalties – including safety offences (e.g. operating an aircraft in a careless manner). 

Airport Authorities Act 1966 

This Act confers powers on certain local authorities and other persons in respect to airports. The Act allows local authorities or airport authorities to make bylaws for a range of purposes including prescribing precautions to be taken for the protection of persons or property from accident or damage. 

Aviation Crimes Act 1972 

The Act has provisions regarding crimes such as hijacking aircraft, taking firearms on aircraft and the search of passengers, baggage and cargo. 

Relevance

Aviation law is relevant to any Employer/Principal whose operation involves air transportation, and any employee who has charge or involvement in the running of aircraft.  Also of note is the relevance of these laws to any recreational hunting air operation, because of the firearms focus.

Railways 

Railways Act 2005

Its purpose is to promote the safety of rail operations by: stating the duty of rail participants to ensure safety; authorising the Minister to make rules relating to rail activities; and clarifying the nature of approved safety systems established by rail participants. 

Relevance

This is relevant to any operation which may include rail transportation as part of its activity or product package.

Crimes

Arms Act 1983 

This Act promotes the safe use and the control of firearms and other weapons. It has provisions relating to the licensing of dealers in firearms, the importation of arms, restrictions on the possession of firearms, and offences relating to arms. 

Relevance

This Act is relevant to any operation which involves firearms in any capacity.  This includes the storage of firearms for personal use.

Crimes Act 1961 

The Crimes Act sets out the law relating to a range of different crimes, many of which relate to assault. 

Relevance

This Act concerns any employer/principal/employee/other.  Criminal activity is prosecutable.  A criminal prosecution will supercede a prosecution under the HSE Act.

Evidence Act 2006 

This Act replaces the old Evidence Act 1908. Section 110 allows a pre-trial anonymity order for a witness if the safety of the witness or another is likely to be endangered. 

Relevance

This Act applies to any workplace, but is especially relevant in the case of an incident.

Harassment Act 1997

This Act provides criminal and civil remedies in respect of harassment. While the Act creates certain offences for particular types of behaviour, it generally covers situations when a person acts in a way that causes another person to fear for his or her safety. 

Relevance

This Act is relevant to any workplace.

Summary Offences Act 1981 

This Act contains a number of offences against the person that can be tried summarily (in a District Court). They include common assault, assault on a Police, Prison or Traffic officer, acts endangering safety, ill-treatment of a child and throwing stones or fireworks. 

Relevance

This Act is relevant to any workplace.

Victims' Rights Act 2002 

This Act imposes clear obligations on specified agencies to provide information and offer assistance to victims of offences. 

Relevance

This Act applies to any workplace, but is especially relevant in the case of an incident.

Health

Health Act 1956 

The Act sets out the function and powers of the Ministry of Health in improving, promoting and protecting public health. 
Part 3 of the Act concerns infectious and notifiable diseases and conditions. It contains provisions designed to contain the spread of such diseases and conditions. For example, there is a legal requirement to notify certain diseases to the authorities. 

Relevance

This Act applies to any workplace, but especially in the case of a notifiable disease.

Health and Disability Commissioner Act 1994 

This Act’s purpose is to promote and protect the rights of health consumers and disability services consumers. 
It also establishes a Health and Disability Services Consumer Advocacy Service and provides for the promulgation of a Code of Health and Disability Services Consumer’s Rights. 

Relevance

This Act applies to any workplace, but especially those who cater to people with disabilities.  It also affects those operators who need to screen out clients with disabilities.   

Health Practitioners Competence Assurance Act 2003 

The principal purpose of this Act is to protect the health and safety of members of the public by providing for mechanisms to ensure that health practitioners are competent and fit to practise their professions. 

Relevance

This could be relevant to any operators who offer their service as a form of occupational, physical, or psychological therapy.  

Food

Food Act 1981

In New Zealand, food is regulated under the Food Act 1981 and delegated legislation under that Act. This legislation: 
  • Defines relevant terms, such as food and sale 
  • Outlines prohibitions on sale (including unfit food) 
  • Prohibits misleading labelling and advertising 
  • Provides powers of enforcement and offences 
  • Contains provisions to make regulations and food standards

Australia New Zealand Food Standards Code 

The Food Standards Code is a joint set of food labelling and composition standards for New Zealand and Australia. The Code effectively contains all the technical and detailed provisions of our food law, which help ensure food is safe to eat. 

Relevance

The Act and Code apply to any workplace which offers food or is involved in food preparation.

Substance

Sale of Liquor Act 1989 

This Act aims to establish a reasonable system of control over the sale and supply of liquor to the public.
  • Set out the provisions relating to on-licenses, off-licenses, club licences and special licences 
  • Define the powers of the Licensing Authority and District Licensing Agencies, which have responsibilities regarding the consideration of liquor licence applications 
  • Outline offences and enforcement provisions

Relevance

The Act apply to any workplace which offers or sells alcohol.

Smoke-free Environments Act 1990 

The Act encourages a smoke-free (auahi kore) lifestyle and positive health for all New Zealanders. 
Smoke-free law is intended to protect public health and to provide consistent health protections for all workers and for non-smokers, from the significant health risks of exposure to second-hand smoke. 

Relevance

This Act applies to any workplace. An employer can provide an area for smokers, but it must not be inside any work building or indoor public area.  

Misuse of Drugs Act 1975 

The Misuse of Drugs Act controls the licit and illicit use of controlled drugs. It includes a licensing regime for those wishing to import, export, deal in or possess controlled drugs and places controls on the prescription and supply of controlled drugs used as medicines. 

Relevance

This Act applies to any workplace.  It could bear particular relevance to those operations wishing to maintain a more specialist and extensive first aid kit containing controlled medications for pain or other purposes.

Environment

The Conservation Act 1987

National Parks Act 1980

Walking Access Act 2008

Reserves Act 1977 

These Acts contain provisions regarding the safety of the public in conservation areas and national parks and other areas. For example: 
  • The Minister of Conservation can close conservation areas to the public for reasons of public safety and emergency
  • The Minister of Conservation can make bylaws for the safety and protection of the public using any national park
  • Authorities can close public walkways for safety reasons
  • Authorities can cut down trees in reserves if the public safety is threatened 

Relevance

These Acts apply to any workplace which makes use of national parks, conservation areas, and reserves.  Any operators using public land, and especially conservation/reserve land, should find out about their obligations, and whether they need to apply for a licence or concession for its use, either to the local government or to the Department of Conservation (DOC). E.g. this act allows users of DOC land to light small fires for cooking and emergencies. However if you are lighting fires for more planned purposes you will need this covered by your concession and will likely need a fire permit

Resource Management Act 1991 

The purpose of this Act is to promote the sustainable management of natural and physical resources. “Sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while:
Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and 
Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and 
Avoiding, remedying, or mitigating any adverse effects of activities on the environment” 

Relevance

This Act applies to any operation that uses land, air, and water resources.  Operators should ensure their activity have no harmful impact on the quality of those resources (eg, water contamination) or their sustainability.  

Building

The Building Act 2004 

The Building Act applies to the construction, alteration, demolition and maintenance of new and existing buildings throughout New Zealand. It includes Government building work. 
The Act is not involved with: 
  • Planning and resource management 
  • The finish and appearance of a building 
  • Protection of capital investment 
  • Gas and electrical work

The Building Code

All building work must comply with the Building Code. This is contained in schedule 1 of the Building Regulations 1992 and is a performance-based code, setting out objectives to be achieved rather than prescribing construction methods.. 
Clause F4 relates to swimming pools and the barriers that must be provided, for example: 
  • F4.3.3 – pools deeper than 400mm shall have barriers 
  • F4.3.4(f) – barriers must restrict access of children under 6 years

Relevance

The Act and Code apply to any workplace operating from or in any building.

Products

Consumer Guarantees Act 1993 

The Act applies to goods and services supplied in trade for ordinary household or domestic use. It deals with the guarantees given (or deemed to be given) to consumers upon the supply of goods or services. It also has provisions about the rights of redress against suppliers and manufacturers in respect of any failure of goods or services to comply with any such guarantees. 

Relevance

This Act applies to any workplace offering goods or services for domestic use, ie. Outside of the operation of the business.  (Like Ferg’s selling kayaks for personal use)

Fair Trading Act 1986 

This Act prohibits certain conduct and practices in trade, provides for the disclosure of consumer information relating to the supply of goods and services and promotes product safety. 

Relevance

Every operation has an obligation to ensure the service they provide is as expected by their clients, based on the business’ advertising and the information they provide the public.  This information should include any risk inherent in the activity.

Local Government

Local Government Legislation

Local Government is responsible for performing the duties and exercising the rights under the Local Government Acts 1974 and 2002. 
Many of these responsibilities are more akin to the need to manage issues of public health as opposed to personal injury prevention. 
 
There are two empowering Acts in regard to Local Government:
  • Local Government Act 2002 
  • Local Government Act 1974 

Local Government Act 2002 

Community wellbeing 

Under the Local Government Act 2002, territorial authorities (city and district councils) have responsibilities regarding the wellbeing and environmental health and safety of the communities they serve. 

Specific safety responsibilities 

In order to carry out their responsibilities, territorial authorities oversee building control, civil defence, and environmental health matters, as well as roading and transport, sewerage, water/storm water. 
They are responsible for: 
  • Ensuring that they have in place a waste management plan and that such a plan is not injurious to health 
  • Assessing the quality and quantity of drinking water and systems of sewerage storm water and wastewater disposal
Territorial authorities have powers to order the removal of objects in water ways, roads and drains that may cause, or are intended to cause, injury or pose a threat to life or safety. 

Liquor control 

Territorial authorities have the responsibility for liquor control and are able to make bylaws to deal with this. 

Bylaws 

A territorial authority may make bylaws in order to: 
  • Protect the public from nuisance
  • Protect, promote, and maintain public health and safety
  • Minimise the potential for offensive behaviour in public places
The specific bylaw-making powers of territorial authorities include managing waste water disposal, trade waste, waste management, solid waste, the keeping of animals, bees and poultry, trading in public places, the upkeep of facilities related to water supplies and water ways/races, drainage and sanitation, cemeteries and reserves. 

Regional Councils 

The functions of regional councils are: 
  • Management of the effects of use of freshwater, coastal waters, air and land
  • Biosecurity control of regional plant and animal pests
  • River management, flood control and mitigation of erosion 
  • Regional land transport planning and contracting of passenger services
  • Harbour navigation and safety, marine pollution and oil spills
  • Regional civil defence preparedness

Relevance

This Act applies to any workplace.  Local government bylaws can restrict use of waterways and public land by operators, or can institute a permit or licence system.  They can impose fines for the misuse of resources, or poor waste management, among other things. 

Local Government Act 1974 

The majority of this Act was superseded by the 2002 Local Government Act, but some specific areas of territorial authority responsibility, , including: 
Transport: repairs to roads, safe passage of disabled persons using footpaths, pedestrian safety areas and facilities for the safety, health, or convenience of the public, or control and enforcement of traffic. 
Harbours: navigational safety matters within harbours. 
Fire hydrants and pipes:  provision of fire hydrants with responsibility to keep them charged with water.

Relevance

This Act applies to any operation involving safe land or water transportation.  Local government can restrict use of access-ways pending maintenance or repair.

Fire

Forest and Rural Fires Act 1977 

This Act consolidated law relating to the safeguarding of life and property by the prevention, detection, control, restriction, suppression and extinction of fire in forest and rural areas and other areas of vegetation. 
It lays out who is liable if a fire gets out of control and creates rural fire districts and rural fire authorities to run the services in these districts. 

Relevance

This Act applies to any workplace, and especially those which operate rurally.  Operations can be impacted by fire bans, and may need to apply to have campfires in selected areas; in many cases fires will need permits. Many outdoor businesses choose to carry some form of rural fire insurance.

Fire Service Act 1975

Fire Safety and Evacuation of Buildings Regulations 2006 

These regulations cover fire safety in buildings. They contain provisions regarding: 
  • Some evacuation procedures 
  • Example, an evacuation scheme must designate one or more places in a building as places where disabled persons gather if they are unable to evacuate the building in a fire emergency
  • The grounds for determining that a building's automatic sprinkler system is inadequate and therefore that a requirement exists for an authorised evacuation scheme pursuant to section 21A of that Act
  • How the Fire Service has to maintain and supply information on evacuation schemes

Relevance

These regulations apply to any workplace.  Each operation should ensure that they have documented emergency procedures, fire-management equipment, and that fire emergency information is made available to everyone on each worksite, whether indoor or outdoor, urban or rural.

Other Relevant Acts

Civil Defence Emergency Management Act 2002

The Act improves and promotes: 
  • The reduction of risks through partnerships with communities
  • The reduction of community disruption from avoidable hazards and risks 
  • The reduction of fiscal risks from the costs of disruption
  • More effective and efficient emergency readiness, response and recovery through the integrated activities of responsible agencies and relevant disciplines
  • A culture, processes and structures that encourage and enable people and communities to undertake risk management, build operational  capabilities for response and recovery from emergencies 

Relevance

This Act applies to any workplace.  Operators should be aware of the risk of natural disaster, and have emergency plans in place to deal with such events.  

Dog Control Act 1996 

This Act’s objectives include making better provision for the care and control of dogs 
Amendments to the Act in 2003 have given councils broader tools to deal with unregistered or roaming dogs and irresponsible owners. 

Relevance

This Act applies to any workplace with dogs on the premises.

Privacy Act 1993

The Privacy Act serves to promote and protect individual privacy in general, and in particular:
(a) to establish certain principles with respect to;
(i) the collection, use, and disclosure, by public and private sector agencies, of information relating to individuals; and
(ii) access by each individual to information relating to that individual and held by public and private sector agencies; and
(b) to provide for the appointment of a Privacy Commissioner to investigate complaints about interferences with individual privacy; and
(c) to provide for matters incidental thereto
 
The Act controls how "agencies" collect, use, disclose, store and give access to "personal information".   Personal information is information about identifiable, living people. 

Relevance

This Act applies to any workplace, and specifically to employers wishing to obtain information about employees or job applicants, as they must sign a privacy waiver.  Client information is equally sensitive, and their confidentiality should be preserved.  Records on both employees and clients should be secure.  
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