Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
11: Application of Act in exclusive economic zone and in or on continental shelf
or “This Act covers work in specific sea areas and offshore travel around New Zealand”
You could also call this:

“Rules for dangerous equipment apply even outside the workplace”

This law talks about how the Health and Safety at Work Act 2015 applies to special types of equipment called ‘prescribed high-risk plant’. This is equipment that can be dangerous if not used properly.

The Act covers the use of this equipment even if it’s not in a workplace or being used for work. It also applies to anyone who operates this equipment, even if they wouldn’t normally be considered a person conducting a business or undertaking (PCBU) as defined in section 17 of the Act.

When the Act talks about ‘carrying out work’, it includes using this high-risk equipment. When it mentions a ‘workplace’, this can mean the equipment itself and where it’s located or being used. The term ‘work health and safety’ in the Act also includes public health and safety when it comes to this equipment.

There might be some exceptions or changes to these rules, but they will be clearly stated elsewhere in the Act.

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 It might be out of date or be missing some parts.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

Next up: 13: Certain provisions of Part 3 do not apply to members of Armed Forces

or “Armed Forces members can't request safety representatives or refuse unsafe work”
Next

Part 1 Health and safety at work
Application of Act

12Application of Act to prescribed high-risk plant

  1. This Act applies to—

  2. the operation or use of prescribed high-risk plant even if the plant is not situated, operated, or used at a workplace or used in carrying out work:
    1. every operator of high-risk plant even if the operator would not otherwise be a PCBU as defined in section 17.

      1. For the purposes of subsection (1), a reference in this Act—

      2. to carrying out work includes a reference to the operation and use of prescribed high-risk plant; and
        1. to a workplace includes a reference to any prescribed high-risk plant and the place at or in which the plant is situated, operated, or used; and
          1. to work health and safety (however expressed) includes a reference to public health and safety.

            1. This section applies subject to any prescribed exclusions or modifications.

            Compare