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Health and Safety at Work Act 2015

Health and safety at work - Interpretation - Key terms

21: Meaning of supply

You could also call this:

“Explanation of what 'supply' means in this act”

In this act, ‘supply’ means giving something to someone else. This can be by selling, trading, renting, or leasing it. It doesn’t matter if you’re the owner or if you’re doing it for someone else.

There are some things that don’t count as supplying. If you’re returning something you borrowed, that’s not supplying. Also, if you’re just helping with the sale but don’t actually own the thing or make decisions about it, like an auctioneer or real estate agent, that’s not supplying either.

Supply happens when you hand over the thing to the person who’s getting it, or to someone acting for them.

If you’re a financial company and you own something for your customer, you’re not considered to be supplying it. Instead, the person who had it before your customer got it is seen as the supplier.

The act also explains some special words:

  • A ‘financier’ is a registered financial service provider.
  • A ‘real estate agent’ is someone who acts as an agent in real estate sales.
  • A ‘registered auctioneer’ is someone officially registered to run auctions.

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 It might be out of date or be missing some parts.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=DLM5976858.

Topics:
Work and jobs > Workplace safety
Business > Industry rules
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Part 1 Health and safety at work
Interpretation: Key terms

21Meaning of supply

  1. In this Act, unless the context otherwise requires, supply, in relation to a thing,—

  2. includes the supply (or resupply) of the thing by way of sale, exchange, lease, hire, or hire purchase, whether as a principal or an agent; but
    1. does not include—
      1. the return of possession of a thing to the owner of the thing at the end of a lease or other agreement; or
        1. the supply of a thing by a person who does not control the supply or has no authority to make decisions about the supply (for example, a registered auctioneer who auctions a thing without having possession of the thing or a real estate agent acting in his or her capacity as a real estate agent); or
          1. a prescribed supply.

          2. The supply of a thing occurs on the passing of possession of the thing to the person or an agent of the person to be supplied.

          3. A financier is taken not to supply any plant, substance, or structure for the purposes of this Act if—

          4. the financier has, in the course of the financier's business as a financier, acquired ownership of, or another right in, the plant, substance, or structure on behalf of a customer of the financier; and
            1. the action by the financier, that would be a supply but for this subsection, is taken by the financier for, or on behalf of, that customer.

              1. If subsection (3) applies, the person (other than the financier) who had possession of the plant, substance, or structure immediately before the financier's customer obtained possession of the plant, substance, or structure is taken for the purposes of this Act to have supplied the plant, substance, or structure to the financier's customer.

              2. In this section,—

                financier means a financial services provider registered in accordance with the Financial Service Providers (Registration and Dispute Resolution) Act 2008 that is in the business of providing a financial service within the meaning of section 5(e) of that Act

                  real estate agent has the same meaning as agent in section 4(1) of the Real Estate Agents Act 2008

                    registered auctioneer has the same meaning as in section 4(1) of the Auctioneers Act 2013.

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