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Health and Safety at Work Act 2015

Miscellaneous provisions - Regulations, exemptions, approved codes of practice, and safe work instruments - Regulations

213: Regulations relating to exemptions in respect of Armed Forces

You could also call this:

“Rules for applying health and safety laws to the Armed Forces”

The Governor-General can make special rules that change how some parts of the Health and Safety at Work Act 2015 apply to the Armed Forces. These rules can be about specific activities the Armed Forces do, defence areas, the Armed Forces themselves, or military aircraft and naval ships.

When making these rules, the Governor-General follows advice from the Minister. The Minister must talk to the Minister of Defence before giving this advice.

The rules can have conditions that need to be followed. If the rules say that some parts of the Act don’t apply to the Armed Forces, there needs to be an explanation of why.

These special rules are called ‘secondary legislation’. This means they need to follow certain steps to become official, as explained in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977216.

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Part 5 Miscellaneous provisions
Regulations, exemptions, approved codes of practice, and safe work instruments: Regulations

213Regulations relating to exemptions in respect of Armed Forces

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations providing that any specified provisions of this Act or regulations do not apply (or apply with modifications) in respect of—

  2. any specified activity or class of activity of the Armed Forces; or
    1. any defence area; or
      1. the Armed Forces or any part of the Armed Forces; or
        1. military aircraft or naval ships, or any class of military aircraft or naval ships.

          1. Without limiting subsection (1), the regulations may be subject to any conditions specified in the regulations.

          2. Before making a recommendation under subsection (1), the Minister must consult the Minister of Defence.

          3. If an exemption is provided under this section, the reasons for the exemption must be set out in the explanatory note of the regulations.

          4. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 213(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).