169Regulations

1. The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

   Electrical safety and related matters

2. providing for the removal of any works constructed or used contrary to the provisions of this Act or any regulations made under this section, and for the removal or alteration of any dangerous works, at the expense in all cases of the owner of the works:
3. securing the protection of persons and property from injury or damage caused through electricity, either directly or indirectly, by—
   1. authorising, controlling, and prescribing conditions in respect of the design, construction, installation, maintenance, use, management, inspection, and testing of works, electrical installations, or associated equipment:
   2. authorising, controlling, and prescribing conditions in respect of the design, installation, manufacture, maintenance, use, inspection, importation, exportation from New Zealand pursuant to the Conformity Cooperation Agreement, sale, and testing of fittings and electrical appliances used or intended to be used in the application of electricity (including fittings and electrical appliances intended to be used in China after their exportation from New Zealand pursuant to the Conformity Cooperation Agreement):
   3. prohibiting, or providing for the prohibition of, the manufacture, importation, exportation from New Zealand pursuant to the Conformity Cooperation Agreement, sale, and use of such fittings and electrical appliances as do not satisfy any prescribed tests, standards, or safety criteria (including fittings and electrical appliances intended to be used in China after their exportation from New Zealand pursuant to the Conformity Cooperation Agreement):
   4. requiring such types or categories of fittings and electrical appliances as are—to be approved by WorkSafe before being offered for sale in New Zealand, and providing for the giving of such approval, for the specifying by WorkSafe of conditions subject to which such approval may be given, for the variation or withdrawal of any such approval, and for the revocation, variation, or addition of any condition of any such approval, and prescribing circumstances in which types or categories of fittings and electrical appliances are deemed to be approved by WorkSafe for the purposes of the regulations:
      1. specified in the regulations; or
      2. from time to time declared by WorkSafe to be subject to the regulations (see subsection (8))—
   5. authorising, controlling, and prescribing conditions in respect of the design, manufacture, maintenance, use, inspection, and testing of electric fishing devices, including (without limitation)—
      1. providing for the issue of certificates of competency to persons who wish to operate electric fishing devices; prescribing the persons or class or classes of persons who may issue such certificates or providing for the designation of such certifying authorities; providing for the specifying of conditions subject to which such certificates may be issued, and for the revocation, variation, and addition of any such condition; and providing for the suspension or cancellation of any such certificate:
      2. providing for the approval of electric fishing devices; prescribing the persons or class or classes of persons who may approve such devices or providing for the designation of such approving authorities; and providing for the specifying of conditions subject to which such approval may be given, for the variation or withdrawal of any such approval, and for the revocation, variation, and addition of any condition of any such approval:
      3. requiring electric fishing devices, or parts of electric fishing devices, or both, to carry marks enabling the ready identification of individual devices:
      4. requiring the operator of an electric fishing device to produce that person's certificate of competency, and the certificate of approval issued in respect of the device, and to supply to such person or class or classes of persons as are specified in the regulations such particulars relating to the identity of that operator (including that person's signature) as are prescribed in the regulations:
   6. authorising, controlling, restricting, prescribing conditions in respect of, and, where necessary, prohibiting, the construction, installation, use, management, operation, maintenance, transportation, and movement of any structure, device, thing, or substance, whether fixed or movable and whether permanent or temporary, in the vicinity of any works or electrical installation where any works or electrical installation may affect or be affected by the structure, device, thing, or substance:
   7. controlling the existence and location of the whole or any part of any tree or vegetation that is in the vicinity of, or may affect, any works or electrical installation, including (without limitation)—
      1. requiring the removal of the whole or any part of any tree or vegetation:
      2. requiring the removal of any debris produced as a result of any work carried out pursuant to the regulations:
      3. prescribing the person or persons who shall meet the costs of carrying out any work required pursuant to the regulations, and providing for the recovery of such costs:
      4. providing for the payment of the costs of remedying any damage caused to any works by any tree or vegetation, or any part of any tree or vegetation, where that damage arises (whether directly or indirectly) out of any failure to comply with the requirements of the regulations; prescribing the person or persons who shall pay those costs; and providing for the recovery of those costs:
4. requiring any person who intends to construct any works in the vicinity of, or that are likely to affect, any trees of any class of tree specified in the regulations,—
   1. in determining the route or location of the works, to have regard to the need to interfere with those trees to the least extent practicable in the circumstances:
   2. to notify such persons as are prescribed in the regulations of the intention to construct the works:
   3. to inform such persons as are prescribed in the regulations of the rights and obligations that will be conferred or imposed on those persons, by any regulations made under subparagraph (g) of paragraph (2), in relation to those trees, if the works are constructed:
   4. to consider any submissions made to that person by such persons as are prescribed in the regulations:
5. prescribing requirements for safety management systems:
6. prescribing standards that must be met in respect of fittings, electrical appliances, electrical installations, and electricity that are or is to be supplied to or used by electricity retailers and consumers:
7. providing for the periodic examination of connectable installations of vehicles, relocatable buildings, and pleasure vessels, or any of them, and the issue of warrants of fitness by such persons or class or classes of persons as are prescribed; prescribing fees or maximum fees or authorising the charging of reasonable fees in respect of such examinations (and different fees may be prescribed or provided for in respect of different circumstances and different testing authorities); prescribing the persons to whom any fees are to be paid; and exempting specified vehicles, relocatable buildings, or pleasure vessels, or classes of vehicles, relocatable buildings, or pleasure vessels, from the provisions of the regulations:
8. prescribing, in relation to workers,—
   1. the training required for any specified class or classes of workers for the purposes of establishing and maintaining safety standards in relation to the generation, conversion, transformation, conveyance, and use of electricity:
   2. the levels of electrical or technical qualifications necessary for the carrying out of any specified class or classes of electrical work or for the holding of positions of electrical responsibility in any branch of the electrical industry or in any specified undertakings concerned with the particular application of electricity:
9. prescribing the requirements for standardisation of systems of supply and the preservation of the quality of electricity supplied in New Zealand:
10. providing that fittings or electrical appliances that are, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement must comply with requirements relating to the preservation of the quality of electricity supplied in China:
11. authorising WorkSafe—
    1. in cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or requirements for securing the protection of persons from injuries caused, directly or indirectly, by electricity:provided that any such instruction, order, or requirement shall remain in force for such period, not exceeding 6 months, as may be determined by WorkSafe or until its earlier revocation by WorkSafe:
    2. in cases of urgency, to issue, in such manner as may be prescribed, instructions, orders, or requirements for securing the protection of persons from injuries caused, directly or indirectly, by electricity to the extent that such injuries are caused by fittings or electrical appliances that are, or may be, exported pursuant to the Conformity Cooperation Agreement:provided that any such instruction, order, or requirement must remain in force for such period, not exceeding 6 months, as may be determined by WorkSafe or until its earlier revocation by WorkSafe:
    4. to carry out tests on works, electrical installations, fittings, electrical appliances, and associated equipment (including fittings or electrical appliances that are, or may be, exported from New Zealand pursuant to the Conformity Cooperation Agreement):
12. authorising WorkSafe or the chief executive of the department of State responsible for the administration of the Building Act 2004, or both, to exempt specific works, electrical installations, fittings, electrical appliances, associated equipment, persons, or things from requirements imposed by regulations made under paragraphs (1) to (7), subject to any conditions that WorkSafe or, as the case may be, the chief executive thinks fit:
13. providing for the constitution, functions, and powers of arbitrators for the purposes of this Act or any regulations made under this section:
14. requiring the keeping and retention of such records as are necessary for the purposes of establishing and maintaining safety standards in relation to the generation, conversion, transformation, conveyance, and use of electricity, and prescribing the particulars that shall be included in such records:

Employer licences

15. prescribing, for the purposes of section 115, requirements in relation to the system of operation to be maintained by employer licence holders:
16. designating a person or a class of persons as approved persons for the purposes of section 116:
17. prescribing the manner in which approved persons may certify a system of operation for the purposes of section 116:

Prescribed electrical work

22. prescribing, for the purposes of this Act, what work is deemed to be or not to be prescribed electrical work and the circumstances and conditions in which any work is deemed to be or not to be prescribed electrical work:
23. prescribing the limits or scope of prescribed electrical work that any registered persons or provisional licence holders, or any person to whom any of the provisions of sections 75 to 80 applies, may do or assist in doing:
26. providing for the testing, inspection, and certification of—
    1. prescribed electrical work:
    2. works, electrical installations, fittings, and electrical appliances:

Statistics

27. authorising the Secretary to obtain such information concerning the generation, conversion, transformation, conveyance, sale, consumption, and use of electricity as may be required for statistical purposes:

Miscellaneous provisions

28. providing for the appointment of investigators and the procedures of investigators under this Act:
29. specifying—
    1. the information that must be provided by persons who make complaints against persons to whom Part 11 applies; and
    2. the way in which that information must be provided; and
    3. the way in which that information must be evaluated; and
    4. the way in which investigators must exercise their powers and functions under this Act:
30. regulating the procedure of the Board:
31. prescribing procedures, requirements, and other matters, not inconsistent with this Act, for the register, including matters that relate to—
    1. the operation of the register:
    2. the form of the register:
    3. the information to be contained in the register:
    4. access to the register:
    5. the location of, and hours of access to, the register:
    6. search criteria for the register:
32. prescribing the forms of applications, certificates, licences, notices, and other documents required under this Act, or authorising the Board, WorkSafe, or the Secretary to prescribe or approve forms, and requiring the use of those forms:
33. prescribing infringement offences:
34. setting the infringement fee for each infringement offence, which,—
    1. in the case of an individual, must not exceed $1,000; or
    2. in the case of a body corporate, must not exceed $3,000:
35. prescribing information to be included in infringement notices and reminder notices:
36. prescribing the manner in which any notice or other document required by this Act to be given or served by, or to or on, any person is to be so given or served:
37. prescribing the matters in respect of which fees are payable under this Act; prescribing the amounts of the fees or the method by which they are to be assessed; and prescribing the persons to whom the fees are to be paid:
38. exempting or providing for the exemption of any person or class of persons from liability to pay any fees payable under this Act:
39. authorising the waiver, refund, or remission, in such circumstances as in accordance with the regulations the Board, WorkSafe, or the Secretary thinks fit, of the whole or part of any fees payable under this Act:
40. prescribing offences in respect of the contravention of or non-compliance with any regulations made under this section, and the amount of the fine that may be imposed in respect of any such offence, which fine shall be an amount not exceeding $50,000 and, where the offence is a continuing one, a further amount not exceeding $2,000 for every day or part of a day during which the offence has continued:
41. providing for such matters as are contemplated by or necessary for giving full effect to the provisions of this Act and for its due administration.

42. Any regulations made under any of paragraphs (2) to (6) of subsection (1) may—

43. require compliance with the whole or any part of any electrical code of practice or any official standard:
44. provide that proof of compliance with—shall be proof of compliance with such provisions of the regulations as are specified in the regulations.
    1. any electrical code of practice, or any part of such a code; or
    2. any official standard, or any part of an official standard; or
    3. any approved code of practice for the time being in force pursuant to section 222 of the Health and Safety at Work Act 2015, or any part of any such approved code of practice,—

45. Regulations may require compliance with an official standard (or a specified part of an official standard) that relates to the subject matter of the regulations by referring to it in the regulations (with any additions or variations that may be specified in the regulations).

46. That official standard (or the specified part), as it existed on the date of the inclusion (but with any specified additions or variations), is then deemed to form part of the regulations.

47. In subsections (2), (2A), and (2B), official standard may be treated as including, for the purposes of subsections (1)(2)(b) and (c), (7A), and (8)(aa) and (c), the Conformity Cooperation Agreement (including any amendments made to that agreement in accordance with it) and any standards or rules referred to in the Conformity Cooperation Agreement.

48. No regulation made under this section shall be invalid because it leaves any matter to the discretion of WorkSafe, the Secretary, or any other person, or because it authorises WorkSafe, the Secretary, or any other person—

49. to give any consent or approval on or subject to conditions to be imposed or approved by WorkSafe, the Secretary, or any other person; or
50. to set any standard.

51. Notwithstanding section 1(3), and without limiting section 43 of the Legislation Act 2019, no regulations made under this section may be expressed to come into force before 1 April 1993.

52. In this section, Conformity Cooperation Agreement means the Agreement between the Government of New Zealand and the Government of the People's Republic of China on Cooperation in the Field of Conformity Assessment in Relation to Electrical and Electronic Equipment and Components, which is Annex 14 of the Free Trade Agreement between the Government of New Zealand and the Government of the People's Republic of China done at Beijing on 7 April 2008.

53. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

54. Subpart 1 of Part 3 and section 114 of the Legislation Act 2019 do not apply to material that is incorporated by reference in regulations under subsections (2) to (2B) merely because it is incorporated.

55. Subsection (9) applies if regulations made under this section authorise any of the following:

56. a person to prohibit a matter referred to in subsection (1)(2)(c):
57. WorkSafe to make a declaration referred to in subsection (1)(2)(d)(B):
58. WorkSafe to issue instructions, orders, or requirements referred to in subsection (1)(8)(a) or (aa):
59. WorkSafe or the chief executive to grant exemptions referred to in subsection (1)(9):
60. a person to grant exemptions referred to in subsection (1)(29):
61. the Board, WorkSafe, or the Secretary to waive, refund, or remit fees referred to in subsection (1)(30).

62. If this subsection applies,—

63. an instrument exercising that authority is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it applies only to 1 or more named persons; and
64. the regulations must contain a statement to that effect.

Compare

• 1968 No 125 s 55
• 1983 No 123 s 8
• 1987 No 111 s 13

Notes

• Section 169(1)(2)(b): amended, on 29 July 2008, by section 7(1)(a) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(2)(b): amended, on 29 July 2008, by section 7(1)(b) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(2)(c): amended, on 29 July 2008, by section 7(2)(a) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(2)(c): amended, on 29 July 2008, by section 7(2)(b) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(2)(d): replaced, on 28 October 2021, by regulation 47(1) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
• Section 169(1)(3A): inserted, on 5 December 2006, by section 26(1) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(5): amended, on 1 April 2010, by section 26(2) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(6) proviso: repealed, on 1 April 2010, by section 26(3) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(7A): inserted, on 29 July 2008, by section 7(3) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(8): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(1)(8)(a) proviso: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(1)(8)(aa): inserted, on 29 July 2008, by section 7(4) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(8)(aa) proviso: amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(1)(8)(b): repealed, on 20 September 2007, by section 4(1) of the Electricity Amendment Act 2007 (2007 No 53).
• Section 169(1)(8)(c): amended, on 29 July 2008, by section 7(5) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(1)(9): substituted, on 31 March 2005, by section 414 of the Building Act 2004 (2004 No 72).
• Section 169(1)(9): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(1)(12) heading: amended, on 1 April 2010, by section 26(4) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(12): substituted, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(13): substituted, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(14): substituted, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(15): repealed, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(16): repealed, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(17): repealed, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(18): repealed, on 1 April 2010, by section 26(5) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(19): substituted, on 1 April 2010, by section 26(6) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(20): substituted, on 1 April 2010, by section 26(6) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(21): repealed, on 1 April 2010, by section 26(6) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(22): repealed, on 1 April 2010, by section 26(6) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(23A) heading: inserted, on 20 September 2007, by section 4(2) of the Electricity Amendment Act 2007 (2007 No 53).
• Section 169(1)(23A): inserted, on 20 September 2007, by section 4(2) of the Electricity Amendment Act 2007 (2007 No 53).
• Section 169(1)(24): substituted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(25): substituted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(26): substituted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(26A): inserted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(26B): inserted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(26B): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(1)(26C): inserted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(26D): inserted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(26E): inserted, on 1 April 2010, by section 26(7) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(1)(30): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(1)(31): amended, on 1 April 2010, by section 26(8) of the Electricity Amendment Act 2006 (2006 No 70).
• Section 169(2)(a): amended, on 27 September 2001, by section 4(1) of the Electricity Amendment Act (No 2) 2001 (2001 No 64).
• Section 169(2)(b)(ia): inserted, on 27 September 2001, by section 4(2) of the Electricity Amendment Act (No 2) 2001 (2001 No 64).
• Section 169(2)(b)(ii): amended, on 4 April 2016, by section 232 of the Health and Safety at Work Act 2015 (2015 No 70).
• Section 169(2A): inserted, on 27 September 2001, by section 4(3) of the Electricity Amendment Act (No 2) 2001 (2001 No 64).
• Section 169(2B): inserted, on 27 September 2001, by section 4(3) of the Electricity Amendment Act (No 2) 2001 (2001 No 64).
• Section 169(2C): inserted, on 29 July 2008, by section 7(6) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(3): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 169(3)(a): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).
• Section 169(4): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 169(5): added, on 29 July 2008, by section 7(7) of the Electricity Amendment Act 2008 (2008 No 53).
• Section 169(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 169(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
• Section 169(8): replaced, on 28 October 2021 (immediately after being inserted by section 3 of the Secondary Legislation Act 2021), by regulation 47(2) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).
• Section 169(9): inserted, on 28 October 2021, by regulation 47(2) of the Legislation Act (Amendments to Legislation) Regulations 2021 (LI 2021/247).