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Electricity Act 1992

Electrical codes of practice

40: Emergency amendment of code

You could also call this:

“WorkSafe can quickly change electrical safety rules in emergencies”

WorkSafe can make quick changes to electrical safety rules when it’s really important. These changes are called emergency amendments. Here’s how they work:

WorkSafe can make an emergency change if they think it’s needed to keep people safe or to make sure electricity keeps flowing. They will tell people about the change right away.

The emergency change will say it’s an emergency amendment and show the date it was made. It will last for 60 days, but the Minister can make it last longer if needed. The longest an emergency change can last is 180 days.

While the emergency change is active, it’s treated like a normal change to the rules. This means everyone has to follow it, even if older rules say something different.

Only WorkSafe can make these emergency changes. They can’t ask someone else to do it for them. In some cases, the Secretary might be able to make these changes, but they also can’t ask someone else to do it.

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Work and jobs > Workplace safety Business > Industry rules
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Part 4 Electrical codes of practice

40Emergency amendment of code

  1. If WorkSafe considers it essential in the interests of safety or ensuring the continuity of the supply or conveyance of electricity to amend any electrical code of practice forthwith, WorkSafe may issue an emergency amendment to the code and promulgate it in such manner as WorkSafe thinks fit.

  2. Every amendment issued under subsection (1) shall be identified as an emergency amendment issued under this section, and show the date on which it was issued.

  3. Every such amendment shall remain in force for a period of 60 days after the date on which it was issued and may be continued in force by the Minister for such further period or periods as the Minister thinks fit, but the maximum period of time during which an emergency amendment may remain in force shall be 180 days.

  4. Subject to subsection (5), an emergency amendment issued under this section shall for all purposes, while it remains in force, be deemed to have been issued under section 36, and to have been approved, on the date of its issue, by the Minister under section 38.

  5. If any regulation in force under section 169 requires compliance with any electrical code of practice that has been amended under this section, that regulation shall, while the emergency amendment remains in force, be deemed to require compliance with the code as so amended notwithstanding the fact that the regulation was made before that amendment to the code came into force.

  6. Despite section 73 of the Crown Entities Act 2004, WorkSafe must not delegate to any person the power conferred by this section.

  7. Subsection (8) applies if, pursuant to section 5A(3) and (4), the Secretary may exercise the power conferred by this section in relation to a matter specified in a Gazette notice under section 5A(2).

  8. Despite clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, the Secretary must not delegate to any person the power conferred by this section.

Compare
  • 1968 No 125 s 24D
  • 1983 No 123 s 6
Notes
  • Section 40(1): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 40(6): replaced, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 40(7): replaced, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 40(8): inserted, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
  • Section 40(8): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).