WorkSafe New Zealand Act 2013

1: Title
This Act is the WorkSafe New Zealand Act 2013.
2: Commencement
This Act comes into force on 16 December 2013.
1: Preliminary provisions
3: Interpretation
In this Act board chief executive collective agreement section 5 employment agreement section 5 EPA section 7 MBIE Minister Act PCBU section 17 relevant health and safety legislation section 16 transferred employee section 11 or clause 1 worker section 19 workplace section 20 WorkSafe New Zealand section 5 Section 3 collective agreement amended 7 August 2020 section 135 Public Service Act 2020 Section 3 EPA inserted 4 April 2016 section 4(4) WorkSafe New Zealand Amendment Act 2015 Section 3 PCBU inserted 4 April 2016 section 4(4) WorkSafe New Zealand Amendment Act 2015 Section 3 relevant health and safety legislation replaced 4 April 2016 section 4(1) WorkSafe New Zealand Amendment Act 2015 Section 3 transferred employee amended 1 December 2017 section 4(2) WorkSafe New Zealand Amendment Act 2015 Section 3 worker inserted 4 April 2016 section 4(4) WorkSafe New Zealand Amendment Act 2015 Section 3 workplace replaced 4 April 2016 section 4(3) WorkSafe New Zealand Amendment Act 2015
4: Act binds the Crown
This Act
2: WorkSafe New Zealand
5: WorkSafe New Zealand established
This section establishes WorkSafe New Zealand.
6: WorkSafe New Zealand is Crown entity
1: WorkSafe New Zealand is a Crown entity for the purposes of section 7
2: The Crown Entities Act 2004 Act Schedule
7: WorkSafe New Zealand's board
1: The Minister must appoint at least 5, but not more than 9, persons as members of the board.
2: When appointing a member of the board, the Minister must have regard to the need to ensure that WorkSafe New Zealand has among its members persons who have, collectively, knowledge and experience of, and capability in, the following:
a: public sector governance:
b: central government processes:
c: New Zealand's work work
d: perspectives of workers:
e: perspectives of PCBUs
f: administration of work
g: business generally.
3: The Minister may not appoint any member of the board unless the Minister has first publicised an invitation for nominations from interested parties and considered any nominations received. Section 7(2)﻿(c) amended 4 April 2016 section 5(1) WorkSafe New Zealand Amendment Act 2015 Section 7(2)﻿(e) amended 4 April 2016 section 5(2) WorkSafe New Zealand Amendment Act 2015 Section 7(2)﻿(f) amended 4 April 2016 section 5(1) WorkSafe New Zealand Amendment Act 2015
8: Advisory groups
1: WorkSafe New Zealand may establish an advisory group—
a: to provide a forum for dialogue and co-operation between the Government, PCBUs, and workers on work
b: to provide advice to WorkSafe New Zealand that represents the views of the Government, PCBUs, and workers on work
2: WorkSafe New Zealand may establish 1 or more other advisory groups to provide advice to it on matters relating to its functions.
3: An advisory group referred to in subsection (1) or (2) clause 14(1)﻿(a) Section 8(1)﻿(a) amended 4 April 2016 section 6 WorkSafe New Zealand Amendment Act 2015 Section 8(1)﻿(b) amended 4 April 2016 section 6 WorkSafe New Zealand Amendment Act 2015 WorkSafe New Zealand's main objective and functions
9: WorkSafe New Zealand's main objective
1: WorkSafe New Zealand's main objective is to promote and contribute to a balanced framework for
1A: An additional objective of WorkSafe New Zealand is to promote and contribute to the safe supply and use of electricity and gas in New Zealand.
2: When performing its functions under the relevant health and safety legislation, WorkSafe New Zealand must act in a way that furthers any relevant objectives or purposes stated in that legislation. Section 9(1) amended 4 April 2016 section 7(1) WorkSafe New Zealand Amendment Act 2015 Section 9(1A) inserted 4 April 2016 section 7(2) WorkSafe New Zealand Amendment Act 2015
10: WorkSafe New Zealand's functions
WorkSafe New Zealand's functions are to—
a: advise on the operation of the work
b: make recommendations for changes to improve the effectiveness of the work
c: monitor and enforce compliance with relevant health and safety legislation:
ca: publish information about—
i: its approach to enforcing compliance with relevant health and safety legislation (including where a provision of relevant health and safety legislation overlaps with a provision in another enactment); and
ii: its performance standards for completing investigations in relation to enforcing compliance with relevant health and safety legislation:
d: make recommendations about the level of any funding (including fees or levies) that WorkSafe New Zealand requires to effectively carry out its functions:
e: develop codes of practice:
ea: develop safe work instruments:
f: provide guidance, advice, and information on work
i: persons who have duties under the relevant health and safety legislation; and
ii: the public:
g: promote and support research, education, and training work
h: collect, analyse, and publish statistics and other information relating to work
i: engage in, promote, and co-ordinate the sharing of information with other agencies and interested persons that contribute to work
j: foster a co-operative and consultative relationship between persons who have duties under the relevant health and safety legislation and the persons to whom they owe duties and their representatives in relation to work
ja: foster a co-operative and consultative relationship with the EPA when carrying out its functions, duties, and powers in respect of hazardous substances:
k: promote and co-ordinate the implementation of work
l: perform or exercise any other functions or powers conferred on WorkSafe New Zealand by or under any other enactment:
m: perform any additional function that the Minister directs under section 112 Section 10(a) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(b) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(ca) inserted 4 April 2016 section 8(2) WorkSafe New Zealand Amendment Act 2015 Section 10(ea) inserted 4 April 2016 section 8(3) WorkSafe New Zealand Amendment Act 2015 Section 10(f) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(g) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(g) amended 4 April 2016 section 8(4) WorkSafe New Zealand Amendment Act 2015 Section 10(h) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(i) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(j) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015 Section 10(ja) inserted 4 April 2016 section 8(5) WorkSafe New Zealand Amendment Act 2015 Section 10(k) amended 4 April 2016 section 8(1) WorkSafe New Zealand Amendment Act 2015
3: Transition to WorkSafe New Zealand and consequential amendments
Transfer of employees
11: Restriction on compensation for technical redundancy
1: An employee of MBIE is not entitled to receive any payment or other benefit on the ground that the position held by the employee in MBIE has ceased to exist if—
a: the position ceases to exist as a result of a transfer of functions from MBIE to WorkSafe New Zealand; and
b: in connection with that transfer of functions,—
i: the employee is offered equivalent employment in WorkSafe New Zealand (whether or not the employee accepts the offer); or
ii: the employee is offered, and accepts, other employment in WorkSafe New Zealand.
2: In subsection (1) equivalent employment
a: in substantially the same position; and
b: in the same general locality; and
c: on terms and conditions of employment that are no less favourable than those that applied to the employee immediately before the offer of equivalent employment (including any service-related, redundancy, and superannuation conditions); and
d: on terms that treat the period of service with MBIE (and any other period of service recognised by MBIE as continuous service) as if it were continuous service with WorkSafe New Zealand.
3: This section overrides Part 6A
12: Employment of transferred employee to be treated as continuous employment
The employment of a transferred employee by WorkSafe New Zealand is to be treated as continuous employment for the purposes of any enactment.
13: Transferred employees bound by collective agreement
1: This section applies to a transferred employee who was bound by a collective agreement with the chief executive immediately before the employee transferred to WorkSafe New Zealand.
2: On and after the commencement of this Act
a: the employee continues to be bound by the collective agreement and may enforce the collective agreement against WorkSafe New Zealand; and
b: WorkSafe New Zealand must be treated as if it were a party to the collective agreement instead of the chief executive; and
c: unless the context otherwise requires, every reference in the collective agreement to the chief executive or MBIE must be read as a reference to WorkSafe New Zealand.
14: Government Superannuation Fund
1: Any person who, immediately before becoming an employee of WorkSafe New Zealand, was a contributor to the Government Superannuation Fund under Part 2 2A
2: The Government Superannuation Fund Act 1956
3: Subsection (1)
4: For the purpose of applying the Government Superannuation Fund Act 1956 Transfer of contracts
15: Transfer of contracts to WorkSafe New Zealand
1: This section applies to a contract (other than an employment agreement) that—
a: was made between the chief executive or MBIE and another person; and
b: is identified by MBIE and relates solely to a function or power of the chief executive under the relevant health and safety legislation before the commencement of this Act
2: On and after the commencement of this Act
a: the contract must be treated as if WorkSafe New Zealand were the party to the contract instead of the chief executive or MBIE (as the case requires); and
b: unless the context otherwise requires, every reference in the contract to the chief executive or MBIE is to be read as a reference to WorkSafe New Zealand.
16: Transfer of other documents to WorkSafe New Zealand
1: This section applies to a document that is issued by the chief executive or MBIE and that relates solely to a function or power of the chief executive under the relevant health and safety legislation before the commencement of this Act that becomes a function or power of WorkSafe New Zealand on that commencement.
2: On and after the commencement of this Act,—
a: the document must be treated as if it were issued by WorkSafe New Zealand instead of the chief executive or MBIE; and
b: unless the context otherwise requires, every reference in the document to the chief executive or MBIE is to be read as a reference to WorkSafe New Zealand. Consequences of transfers of functions, etc
17: Consequences of transfer of functions under relevant health and safety legislation to WorkSafe New Zealand
1: This section applies to a function of the chief executive under the relevant health and safety legislation that is transferred to WorkSafe New Zealand as a consequence of the amendments to the relevant health and safety legislation made by this Act
2: On and after the commencement of this Act
a: all information that relates solely or principally to the function and that is held by the chief executive or MBIE is held by WorkSafe New Zealand; and
b: all money payable to or by the chief executive or MBIE in relation to the function becomes payable to or by WorkSafe New Zealand; and
c: all rights, liabilities, entitlements, and engagements of the chief executive or MBIE in relation to the function become the rights, liabilities, entitlements, and engagements of WorkSafe New Zealand; and
d: all directions to the chief executive or MBIE that relate to the function and that are in force immediately before the commencement of this Act
e: anything done, or omitted to be done, or that is to be done, in relation to the function by, or in relation to, the chief executive or MBIE is to be treated as having been done, or having been omitted to be done, or to be done, by, or in relation to, WorkSafe New Zealand; and
f: the commencement, continuation, or enforcement of proceedings relating to the function by or against the chief executive or MBIE may instead be carried out by or against WorkSafe New Zealand without amendment to the proceedings; and
g: a matter or thing relating to the function that would, but for this section, have been completed by the chief executive or MBIE may be completed by WorkSafe New Zealand.
3: On and after the commencement of this Act
4: The transfer of information from the chief executive or MBIE to WorkSafe New Zealand under subsection (2)﻿(a) does not constitute an action that is an interference with the privacy of an individual under section 69 Section 17(4) amended 1 December 2020 section 217 Privacy Act 2020
18: Transitional provision relating to legal services in respect of functions transferred to WorkSafe New Zealand
1: For the purposes of section 17(2)
a: arose, in whole or in part, before the commencement of this Act
b: would, but for section 17(2)
2: Subsection (1) Lawyers and Conveyancers Act 2006
3: In subsection (1) lawyer legal services section 6
19: Consequences of transfer of collective agreement or contract to WorkSafe New Zealand
1: This section applies to—
a: a collective agreement to which WorkSafe New Zealand has become a party under section 13
b: a contract transferred to WorkSafe New Zealand under section 15
2: On and after the commencement of this Act
a: all rights, liabilities, and entitlements of the chief executive or MBIE under the contract become the rights, liabilities, and entitlements of WorkSafe New Zealand; and
b: anything done, or omitted to be done, or that is to be done by, or in relation to, the chief executive or MBIE is to be treated as having been done, or having been omitted to be done, or to be done by, or in relation to, WorkSafe New Zealand; and
c: the commencement, continuation, or enforcement of proceedings by or against the chief executive or MBIE may instead be carried out by or against WorkSafe New Zealand without amendment to the proceedings. Continuation of appointments under relevant health and safety legislation
20: Continuation of inspectors and enforcement officers
1: A person who, immediately before the commencement of this Act subsection (2)
a: if the person is a transferred employee, as if WorkSafe New Zealand appointed the person; or
b: if paragraph (a)
2: The provisions are—
a: section 29
b: section 5
c: regulation 3
d: section 97B
21: Continuation and renaming of departmental medical practitioners
A person's appointment as a departmental medical practitioner before the commencement of this Act section 34
a: WorkSafe New Zealand appointed the person; and
b: the person were appointed as a health and safety medical practitioner under that Act. Transfer of EPA employees and contracts Heading inserted 1 December 2017 section 9 WorkSafe New Zealand Amendment Act 2015
21A: Transfer of EPA employees and contracts to WorkSafe New Zealand
Schedule 2 Section 21A inserted 1 December 2017 section 9 WorkSafe New Zealand Amendment Act 2015 Amendments to other enactments
22: Amendments to other enactments
Amend the enactments specified in the Schedule 2013-12-16 Accident Compensation Act 2001 Crown Entities Act 2004 Crown Minerals Act 1991 Electricity Act 1992 Energy (Fuels, Levies, and References) Act 1989 Gas Act 1992 Hazardous Substances and New Organisms Act 1996 Health and Safety in Employment Act 1992 Machinery Act 1950 Ombudsmen Act 1975 Privacy Act 1993 Railways Act 2005 Amusement Devices Regulations 1978 Electricity (Hazards from Trees) Regulations 2003 Electricity (Safety) Regulations 2010 Gas (Safety and Measurement) Regulations 2010 Geothermal Energy Regulations 1961 Hazardous Substances (Classes 6, 8, and 9 Controls) Regulations 2001 Health and Safety in Employment (Adventure Activities) Regulations 2011 Health and Safety in Employment (Asbestos) Regulations 1998 Health and Safety in Employment (Petroleum Exploration and Extraction) Regulations 2013 Health and Safety in Employment (Pipelines) Regulations 1999 Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 Health and Safety in Employment Regulations 1995