16Interpretation

1. In this Act, unless the context otherwise requires,—

   ACC means the Accident Compensation Corporation continued by section 259 of the Accident Compensation Act 2001

   adverse conduct has the meaning given in section 88

   aircraft has the same meaning as in section 2(1) of the Civil Aviation Act 1990

   approved code of practice means a code of practice approved by the Minister under section 222

   Armed Forces has the same meaning as in section 2(1) of the Defence Act 1990

   associate coroner means a person who holds office as an associate coroner under the Coroners Act 2006

   authorised has the meaning given in section 203

   CAA means the Civil Aviation Authority of New Zealand established by section 72A of the Civil Aviation Act 1990

   cease work has the meaning given in section 82

   Chief of Defence Force means the officer appointed under section 8 of the Defence Act 1990

   compliance power means the functions and powers conferred on an inspector or a health and safety medical practitioner (as relevant) under this Act

   constable has the same meaning as in section 4 of the Policing Act 2008

   construct includes assemble, erect, reconstruct, reassemble, and re-erect

   coroner includes an associate coroner to the extent that they have the jurisdiction of a coroner under the Coroners Act 2006

   Crown organisation has the same meaning as in section 4 of the Crown Organisations (Criminal Liability) Act 2002

   defence area has the same meaning as in section 2(1) of the Defence Act 1990

   demise charter has the same meaning as in section 2(1) of the Ship Registration Act 1992

   demolition includes deconstruction

   design, in relation to plant, a substance, or structure includes—

   1. the design of part of the plant, substance, or structure; and
   2. the redesign or modification of a design

   designated agency means an agency designated under section 191

   employee has the same meaning as in section 6 of the Employment Relations Act 2000

   employment agreement has the same meaning as in section 5 of the Employment Relations Act 2000

   enforceable undertaking means an undertaking accepted by the regulator under section 123

   engage in conduct means to do an act or omit to do an act

   EPA means the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011

   EPA control has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

   foreign ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

   handle includes transport

   hazard includes a person’s behaviour where that behaviour has the potential to cause death, injury, or illness to a person (whether or not that behaviour results from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour)

   hazardous substance has the same meaning as in section 2(1) of the Hazardous Substances and New Organisms Act 1996

   health means physical and mental health

   health and safety medical practitioner means a person for the time being appointed under section 181

   health and safety representative means a worker elected as a health and safety representative in accordance with subpart 2 of Part 3

   home—

   1. means a place occupied as a dwelling house; and
   2. includes any garden, yard, garage, outhouse, or other appurtenance of a home

   homeworker has the same meaning as in section 5 of the Employment Relations Act 2000

   importation has the same meaning as in section 5(1) of the Customs and Excise Act 2018, and import has a corresponding meaning

   improvement notice means a notice issued under section 101

   inspector means an inspector appointed under section 163

   issuing officer has the same meaning as in section 3(1) of the Search and Surveillance Act 2012

   local authority has the same meaning as in section 5(1) of the Local Government Act 2002

   Maritime New Zealand means the authority continued by section 429 of the Maritime Transport Act 1994

   medical officer of health—

   1. has the same meaning as in section 2(1) of the Health Act 1956; and
   2. includes the officers referred to in section 22 of that Act

   medical practitioner means a health practitioner who—

   1. is, or is deemed to be, registered with the Medical Council of New Zealand continued by section 114(1)(a) of the Health Practitioners Competence Assurance Act 2003 as a practitioner of the profession of medicine; and
   2. holds a current practising certificate

   military aircraft means an aircraft of, or pertaining to, the Armed Forces

   Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

   naval ship has the same meaning as in section 2(1) of the Defence Act 1990

   New Zealand—

   1. means the land and the waters enclosed by the outer limits of the territorial sea of New Zealand (as described in section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977); and
   2. includes—
      1. all airspace within the territorial limits of New Zealand:
      2. the Ross Dependency

   New Zealand ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

   New Zealand Transport Agency means the Agency established by section 93 of the Land Transport Management Act 2003

   non-disturbance notice means a notice issued under section 108

   notifiable event has the meaning given in section 25

   notifiable incident has the meaning given in section 24

   notifiable injury or illness has the meaning given in section 23

   officer has the meaning given in section 18

   person includes the Crown, a corporation sole, and a body of persons, whether corporate or unincorporate

   person conducting a business or undertaking or PCBU has the meaning given in section 17

   personal information has the same meaning as in section 7(1) of the Privacy Act 2020

   personal protective equipment—

   1. means anything used or worn by a person (including clothing) to minimise risks to the person’s health and safety; and
   2. includes air-supplied respiratory equipment

   plant includes—

   1. any machinery, vehicle, vessel, aircraft, equipment (including personal protective equipment), appliance, container, implement, or tool; and
   2. any component of any of those things; and
   3. anything fitted or connected to any of those things

   prescribed high-risk plant means plant prescribed by regulations as high-risk plant

   prohibited health and safety reason has the meaning given in section 89

   prohibition notice means a notice issued under section 105

   reasonably practicable, in relation to a duty of a PCBU set out in subpart 2 of Part 2, has the meaning given in section 22

   regulations means regulations made under this Act

   regulator means, as the case requires,—

   1. WorkSafe; or
   2. the relevant designated agency

   regulatory agency means any of the following:

   1. a regulator under this Act:
   2. the CAA:
   3. the New Zealand Police:
   4. the New Zealand Transport Agency:
   5. Maritime New Zealand:
   6. the EPA:
   7. a local authority:
   8. Fire and Emergency New Zealand:
   9. a medical officer of health:
   10. the Ministry of Health:
   11. ACC:
   12. the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that business or undertaking:
   13. a prescribed agency

   relevant health and safety legislation means—

   1. this Act and regulations made under this Act:
   2. any provisions of the following Acts (or any regulations made under those Acts) under which the regulator has functions:
      1. Electricity Act 1992:
      2. Gas Act 1992:
      3. Hazardous Substances and New Organisms Act 1996:
      4. Outer Space and High-altitude Activities Act 2017:
      5. WorkSafe New Zealand Act 2013

   representative, in relation to a worker, means—

   1. the health and safety representative for the worker; or
   2. a union representing the worker; or
   3. any other person the worker authorises to represent the worker

   residential work means work done by a person employed or engaged by the occupier of a home of either or both of the following kinds:

   1. domestic work done or to be done in the home:
   2. work done or to be done in respect of the home

   ship has the same meaning as in section 2(1) of the Maritime Transport Act 1994

   statutory officer means a person—

   1. holding or performing duties of an office established by an enactment; or
   2. performing duties expressly conferred on the person by virtue of his or her office by an enactment; or
   3. holding office as the chief executive of a Crown organisation

   structure—

   1. means anything that is constructed, whether fixed, moveable, temporary, or permanent; and
   2. includes—
      1. buildings, masts, towers, frameworks, pipelines, quarries, bridges, and underground works (including shafts or tunnels); and
      2. any component of a structure; and
      3. part of a structure

   substance—

   1. means any natural or artificial substance in any form (for example, a solid, liquid, gas, or vapour); and
   2. includes a hazardous substance

   supply has the meaning given in section 21

   suspension notice means a notice issued under section 185

   union has the same meaning as in section 5 of the Employment Relations Act 2000

   volunteer means a person who is acting on a voluntary basis (whether or not the person receives out-of-pocket expenses)

   volunteer worker has the meaning given in section 19(3)

   work group means a work group determined under section 64

   worker has the meaning given in section 19

   workplace has the meaning given in section 20

   WorkSafe means WorkSafe New Zealand established by section 5 of the WorkSafe New Zealand Act 2013.

Compare

• s 2(1)

Notes

• Section 16 associate coroner: inserted, on 5 April 2023, by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
• Section 16 coroner: inserted, on 5 April 2023, by section 36 of the Coroners Amendment Act 2023 (2023 No 8).
• Section 16 importation: amended, on 1 October 2018, by section 443(3) of the Customs and Excise Act 2018 (2018 No 4).
• Section 16 New Zealand Fire Service: repealed, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
• Section 16 personal information: amended, on 1 December 2020, by section 217 of the Privacy Act 2020 (2020 No 31).
• Section 16 regulatory agency paragraph (h): amended, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).
• Section 16 relevant health and safety legislation paragraph (b)(iiia): inserted, on 21 December 2017, by section 92(2) of the Outer Space and High-altitude Activities Act 2017 (2017 No 29).