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Health and Safety at Work Act 2015

Enforcement and other matters - Enforcement measures - Non-disturbance notices

109: Content of non-disturbance notice

You could also call this:

“What a non-disturbance notice says and allows you to do”

A non-disturbance notice is a document that can tell you to keep a place the same for a short time. This might be where something important happened or where something needs to be protected.

If you get a non-disturbance notice, you might have to keep a place exactly as it is for up to 7 days. The notice will tell you what you need to do, how to keep the place safe, and what will happen if you don’t follow the rules.

When the notice talks about a ‘site’, it means the place and anything in it, like machines or tools.

Even if you have a non-disturbance notice, you can still do some things. You can help someone who is hurt, move someone who has died, make the place safe, or stop another big problem from happening. Police officers can also do their job, and inspectors or regulators can give you permission to do certain things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977063.

Topics:
Work and jobs > Workplace safety
Crime and justice > Police and safety
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108: Power to issue non-disturbance notice, or

“Inspectors can order workplace managers not to disturb areas for investigation”

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110: Compliance with non-disturbance notice, or

“Follow non-disturbance notices or face fines”

Part 4 Enforcement and other matters
Enforcement measures: Non-disturbance notices

109Content of non-disturbance notice

  1. A non-disturbance notice may require a person to—

  2. preserve the site at which a notifiable event has occurred for a specified period; or
    1. prevent the disturbance of a particular site (including the operation of plant) in other circumstances for a specified period that is reasonable in the circumstances.

      1. A non-disturbance notice must specify the period (not exceeding 7 days) for which it applies and set out—

      2. the obligations of the person to whom the notice is issued; and
        1. the measures to be taken to preserve a site or prevent the disturbance of a site; and
          1. the penalty for contravening the notice.

            1. In this section, a reference to a site includes any plant, substance, structure, or thing associated with the site.

            2. A non-disturbance notice does not prevent any action—

            3. to assist an injured person; or
              1. to remove a deceased person; or
                1. that is essential to make the site safe or to prevent a further notifiable event; or
                  1. done by, or under direction of, a constable acting in the execution of his or her duties; or
                    1. for which an inspector or the regulator has given permission.

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