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Health and Safety at Work Act 2015

Enforcement and other matters - Inspectors and health and safety medical practitioners - Inspectors

163: Appointment of inspectors

You could also call this:

“How inspectors are chosen and what they can do”

The regulator can appoint inspectors by giving them a written notice. These inspectors can be people who work for the government, like public service employees or state services employees. They can also be statutory officers, prescribed persons, or employees of the regulator. The regulator can even appoint other people if they think they are well-trained and qualified for the job.

When the regulator appoints an inspector, they can put conditions or limits on what the inspector can do. These are written in the notice given to the inspector. But if an inspector does something that doesn’t follow these conditions exactly, it doesn’t automatically mean their actions are invalid.

If you want to know more about public service employees, you can look at section 65 of the Public Service Act 2020. For more information about state services, you can check the Public Service Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977147.

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Part 4 Enforcement and other matters
Inspectors and health and safety medical practitioners: Inspectors

163Appointment of inspectors

  1. The regulator may, by notice in writing, appoint any of the following as an inspector:

  2. a public service employee as defined in section 65 of the Public Service Act 2020:
    1. an employee of the State services (within the meaning of the Public Service Act 2020):
      1. a statutory officer:
        1. a prescribed person:
          1. an employee of the regulator:
            1. any other person who the regulator is satisfied—
              1. is suitably qualified and trained:
                1. belongs to a class of persons who are suitably qualified and trained to exercise any or all of the powers of, and carry out any or all of the duties of, an inspector under relevant health and safety legislation.

                2. An inspector's compliance powers are subject to any conditions or limitations specified in the notice of the inspector's appointment.

                3. However, the exercise of a compliance power by an inspector is not invalid merely because it did not comply with the conditions specified in the notice of the inspector's appointment.

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                  Notes
                  • Section 163(1)(a): replaced, on , by section 135 of the Public Service Act 2020 (2020 No 40).
                  • Section 163(1)(b): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).