Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Health and safety at work - Application of Act

9: Application of Act to aircraft in operation

You could also call this:

“This Act applies to aircraft during operation, including domestic flights and some international flights with NZ-employed workers”

This Act applies to aircraft when they are in operation. This means when the aircraft is taxiing, taking off, flying, or landing. The Act covers aircraft in two main situations:

First, it applies to flights that start and end in New Zealand. This could be a flight that takes off and lands at the same place in New Zealand, or one that starts at one place in New Zealand and ends at another place in New Zealand.

Second, it applies to aircraft operating outside of New Zealand if the workers on the aircraft are employed under New Zealand law. However, if an aircraft is flying into or out of New Zealand as part of a flight that begins or ends in another country, it is treated as if it is operating outside of New Zealand.

It’s important to know that even if an aircraft is outside of New Zealand, any actions that break this Act can still be treated as an offence under New Zealand law.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976673.

Topics:
Work and jobs > Workplace safety
Transport and travel > Air travel
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“Ships covered by this law: New Zealand ships worldwide and foreign ships in NZ waters”

Part 1 Health and safety at work
Application of Act

9Application of Act to aircraft in operation

  1. This Act applies to an aircraft in operation, wherever it may be, while the aircraft—

  2. is operating on a flight beginning at a place in New Zealand and ending at that same place or at another place in New Zealand; or
    1. is operating outside New Zealand, if any workers employed or engaged to work on board the aircraft are employed or engaged under an employment agreement or contract for services governed by New Zealand law.

      1. For the purposes of subsection (1)(b), an aircraft operating in New Zealand as part of a flight beginning or ending outside New Zealand must be treated as operating outside New Zealand.

      2. To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even if an act or omission that constitutes an offence occurs in respect of an aircraft outside New Zealand.

      3. In this section, in operation, in relation to an aircraft, means while the aircraft is taxiing, taking off, flying, or landing.

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