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Health and Safety at Work Act 2015

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

227: Minister may approve safe work instruments

You could also call this:

“Minister can create, modify, or revoke safety guidelines after consultation”

The Minister can approve, change, or cancel safe work instruments created by the regulator. These instruments explain terms, set rules, or provide information about activities or things. This can include listing standards, controlling substances, and setting skill requirements.

Before approving a safe work instrument, the Minister needs to make sure the right people and organisations have been asked for their opinion. However, if the Minister is making small or technical changes to an existing instrument, they don’t need to ask for opinions again.

Some parts of safe work instruments are considered secondary legislation. For the parts that aren’t, the Minister must tell everyone about the new instrument in the Gazette. They also need to make sure you can find a free copy online on the regulator’s website, and that you can buy a printed copy for a fair price.

Even if the Minister forgets to ask for opinions before approving a safe work instrument, it’s still valid and can be used.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977229.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights
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Part 5 Miscellaneous provisions
Regulations, exemptions, approved codes of practice, and safe work instruments: Safe work instruments

227Minister may approve safe work instruments

  1. The Minister may—

  2. approve a safe work instrument developed by the regulator for the purposes referred to in subsection (2); and
    1. amend or revoke a safe work instrument approved under paragraph (a).

      1. The purposes of safe work instruments are to define terms, prescribe matters, or make other provision in relation to any activity or thing, including (without limitation) listing standards, control of substances, and competency requirements.

      2. The Minister must not approve a safe work instrument unless the Minister is satisfied that all persons and organisations that the Minister thinks appropriate have been consulted, having regard to the subject matter of the proposed safe work instrument.

      3. The Minister may approve an amendment to a safe work instrument (including approving incorporation of amendments to, or updates of, documents incorporated by reference) without complying with subsection (3) if the Minister is satisfied that the amendment is minor or technical.

      4. To the extent that a safe work instrument is given effect to in accordance with section 228(1), it is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      5. To the extent that a safe work instrument is not secondary legislation, subsection (6) applies.

      6. The Minister must, as soon as practicable after a safe work instrument is made,—

      7. notify the safe work instrument in the Gazette; and
        1. ensure that a copy of the safe work instrument is available—
          1. free of charge on an Internet site maintained by or on behalf of the regulator; and
            1. for purchase in hard copy at a reasonable charge.

            2. A failure to comply with subsection (3) does not affect the validity of a safe work instrument.

            Notes
            • Section 227(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
            • Section 227(5A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).