Employment Relations Act 2000

General provisions - Powers

233: Obligations of Labour Inspectors

You could also call this:

"What Labour Inspectors Must Do When Visiting Workplaces"

When you are a Labour Inspector, you have to follow some rules. You must respect the safety and health rules at the workplace you visit under the authority of section 229(1)(a) or 229A or with a warrant from section 231. You can only go to areas that are safe for you.

When you enter a workplace under the authority of section 229(1)(a) or 229A or with a warrant from section 231, you must show your identity card. You must show it when you first arrive and anytime the employer asks to see it. Your identity card is like a special badge that says you are a Labour Inspector.

If you visit a workplace and cannot find the employer, you must leave a note. This note must say who you are, that you are a Labour Inspector, when you visited, and why you were there. You must leave this note before you leave the workplace.

The note you leave must have some important information on it. It must say your name, that you are a Labour Inspector, the date and time you visited, and the reason for your visit. This helps the employer know what happened while they were away.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM61466.



Part 11General provisions
Powers

233Obligations of Labour Inspectors

  1. In entering any premises under the authority of section 229(1)(a) or 229A or under the authority of a warrant issued under section 231, a Labour Inspector is bound by any existing reasonable safety and health procedures and requirements applying at the premises and, to the extent that such procedures or requirements reasonably limit or prohibit the entry of persons other than employees to particular parts of the premises, may not enter such parts.

  2. Every Labour Inspector who enters any premises under the authority of section 229(1)(a) or 229A or under the authority of a warrant issued under section 231 must, on first entering those premises, and, if requested, at any subsequent time, produce to the employer or a representative of the employer that person's warrant under section 223(2) or the warrant issued under section 231, as the case may require.

  3. Where a Labour Inspector enters any premises under the authority of section 229(1)(a) or 229A or under the authority of a warrant issued under section 231 and is unable, despite reasonable efforts, to find at those premises the employer or any representative of the employer, that Labour Inspector must, after the entry and inspection and before leaving those premises, leave at those premises a written notice addressed to the employer.

  4. That written notice must state—

  5. the identity of the person who entered the premises; and
    1. the fact that the person is a Labour Inspector; and
      1. the date and time of the entry; and
        1. the reasons for the entry.
          1. Repealed
          Compare
          • 1991 No 22 s 145
          Notes
          • Section 233(1): amended, on , by section 8 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).
          • Section 233(2): amended, on , by section 8 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).
          • Section 233(3): amended, on , by section 8 of the Regulatory Systems (Workforce) Amendment Act 2019 (2019 No 63).
          • Section 233(5): repealed, on , by section 33 of the Employment Relations Amendment Act 2016 (2016 No 9).