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Electricity Act 1992

General - Functions and powers of WorkSafe and Secretary

13: WorkSafe may require immediate compliance

You could also call this:

“WorkSafe can make you follow safety rules right away if it's dangerous”

WorkSafe can tell you to follow their instructions right away if they think there’s a dangerous situation. Even if you’ve complained about their notice, you must do what they say immediately if they tell you it’s an emergency.

If you don’t follow WorkSafe’s instructions right away when they say it’s urgent, you’re breaking the law. You might have to pay a fine of up to $1,000 for each day you don’t do what they say.

The courts can stop you from ignoring WorkSafe’s urgent instructions. They can make you follow the rules and might make you pay for the court case too.

If you have an agreement or contract that stops you from following WorkSafe’s urgent instructions, you can ignore that agreement. You won’t get in trouble for doing what WorkSafe tells you to do, even if your contract says you can’t.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM282431.

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Part 2 General
Functions and powers of WorkSafe and Secretary

13WorkSafe may require immediate compliance

  1. Notwithstanding sections 10 and 12(4), where a notice of objection is lodged under section 9 by any person in respect of any notice or requirement, WorkSafe may advise the objector that WorkSafe considers the situation to be one involving immediate danger to life or property, and on being so advised the objector shall immediately take active steps to comply with that notice or requirement.

  2. Every person commits an offence who fails to comply immediately with any notice or requirement to which subsection (1) applies, and every such person shall be liable on conviction to a fine not exceeding $1,000 for every day or part of a day that such failure continues.

  3. Without limiting the liability of any person to be convicted of an offence against subsection (2), both the High Court and the District Court shall each have jurisdiction to restrain any contravention or threatened contravention of subsection (1) by injunction on the application of WorkSafe, and to make such order in the matter as to costs and otherwise as it thinks fit.

  4. No person shall be precluded by any contract or agreement from doing or refraining from doing any such acts as may be necessary to comply with the provisions of this section, or be liable under any contract or agreement to any penalty or forfeiture for doing or refraining from doing any such act.

Compare
  • 1982 No 27 s 11(8)–(11)
Notes
  • Section 13 heading: amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 13(1): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 13(2): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
  • Section 13(3): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).
  • Section 13(3): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).