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Health and Safety at Work Act 2015

Health and safety at work - Application of Act

7: Application of Act to Armed Forces

You could also call this:

“How health and safety rules apply to the Armed Forces”

This law talks about how health and safety rules apply to the Armed Forces in New Zealand. You can’t do anything that might harm New Zealand’s defence, even if the health and safety law says you should. The health and safety law applies to the Armed Forces, their aircraft, and ships, but there are some exceptions.

The law doesn’t apply to Armed Forces members doing operational activities or working overseas where these activities are happening. It also doesn’t apply to military aircraft or ships in areas where they’re doing operational work.

Operational activities include things like war service, emergencies involving overseas deployment, peacekeeping, maintaining law and order, or helping other countries. It also includes training for these activities. The Chief of Defence Force can decide what counts as an operational activity.

If the Chief of Defence Force decides something is an operational activity, they must tell the Minister of Defence in writing and give a copy to the regulator. This decision is considered secondary legislation.

When leading the New Zealand Defence Force, the Chief of Defence Force needs to think about following this law as much as possible while still keeping New Zealand safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976671.

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Part 1 Health and safety at work
Application of Act

7Application of Act to Armed Forces

  1. Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to the defence of New Zealand.

  2. Subject to this section, section 13, and any regulations made under section 213, this Act applies to the Armed Forces and any military aircraft or naval ship.

  3. This Act does not apply to—

  4. a worker who—
    1. is a member of the Armed Forces while the worker is carrying out any operational activity; or
      1. is carrying out work for the Armed Forces at a place outside New Zealand at which the Armed Forces are carrying out any operational activity:
      2. any military aircraft or naval ship operating in an area in which the deployment of the aircraft or ship is an operational activity.

        1. In this section, operational activity—

        2. means—
          1. any service in time of war or other like emergency or in the event of any actual or imminent emergency involving the deployment of the Armed Forces overseas:
            1. any other service carried out by the Armed Forces overseas that is authorised by the Government of New Zealand and that involves peacekeeping, the maintenance or restoration of law and order or the functioning of government institutions, or any other activity in respect of which the Government of New Zealand wishes to provide assistance (whether or not in conjunction with personnel from 1 or more other countries):
              1. any service or activity or class of service or activity (whether carried out in New Zealand or overseas) that is declared under subsection (5) to be an operational activity for the purposes of this section; and
              2. includes any training carried out (whether in New Zealand or overseas) directly in preparation for any specific operational activity within the meaning of paragraph (a)(i) to (iii).

                1. The Chief of Defence Force may declare any service or activity or class of service or activity to be an operational activity for the purposes of this section.

                2. As soon as practicable after making a declaration under subsection (5), the Chief of Defence Force must—

                3. give written notice of the declaration to the Minister of Defence; and
                  1. provide a copy of the declaration to the regulator.

                    1. A declaration under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                    2. Repealed

                    3. In commanding the New Zealand Defence Force, the Chief of Defence Force must take into account the need to promote the purpose of this Act to the greatest extent consistent with maintaining the defence of New Zealand.

                    Compare
                      Notes
                      • Section 7(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 7(6)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 7(7): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                      • Section 7(8): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).