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Electricity Act 1992

Electrical codes of practice

42: Proof of code

You could also call this:

“How to prove an electrical code of practice is real in court”

In legal cases, if someone shows a copy of an electrical code of practice, or a change or cancellation of one, and it looks like WorkSafe made it and the Minister approved it, people will believe it’s real unless someone can prove it’s not. The date on it will be considered the day it was approved.

If someone shows a copy of an emergency change to an electrical code of practice that looks like WorkSafe made it, people will believe it’s real unless someone can prove it’s not. The date on it will be considered the day it was made. If the Minister gives a signed paper saying they kept the change going until a certain date, people will believe that unless someone can prove it’s not true.

In court cases about breaking this law or rules made under section 169, if an electrical code of practice talks about a standard from another country, the chairperson of WorkSafe can give a copy of that standard and say it’s correct. The court will accept that the signature on it really belongs to the chairperson of WorkSafe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM282800.

Topics:
Work and jobs > Workplace safety Business > Industry rules
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41: Citation of code, or

"How to refer to the rules for safe electrical work"

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43: Codes promulgated under Electricity Act 1968, or

"Old electrical rules are still used under the new law"

Part 4 Electrical codes of practice

42Proof of code

  1. Without affecting any other method of proof, the production in any proceedings of a copy of any electrical code of practice or amendment or revocation of an electrical code of practice, purporting to have been issued by WorkSafe and to have been approved by the Minister, shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 36 and approved by the Minister, on the date shown on it as the date of approval, under section 38.

  2. Without affecting any other method of proof, the production in any proceedings of—

  3. a copy of an emergency amendment of an electrical code of practice purporting to have been issued by WorkSafe shall, in the absence of proof to the contrary, be sufficient evidence that it has been issued under the authority of section 40 on the date shown on it as the date of issue:
    1. a certificate under the hand of the Minister that the Minister has continued such an amendment in force until a date specified in the certificate shall, in the absence of proof to the contrary, be sufficient evidence that the amendment has been continued in force until that date under section 40(3).

      1. In any proceedings for an offence against this Act or against any regulations made under section 169,—

      2. any requirement or standard prescribed in an electrical code of practice by reference to any official standard (not being a New Zealand Standard) may be proved by the production of a copy of that official standard certified to be correct by the chairperson of WorkSafe:
        1. judicial notice shall be taken of a signature purporting to be the signature of the chairperson of WorkSafe.

          Compare
          • 1968 No 125 s 24F
          • 1983 No 123 s 6
          Notes
          • Section 42(1): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 42(2)(a): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
          • Section 42(3)(a): amended, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
          • Section 42(3)(b): amended, on , by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
          • Section 42(3)(b): amended, on , by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).