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Health and Safety at Work Act 2015

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

229: Minister may delegate approval of codes of practice and safe work instruments to regulator

You could also call this:

“Minister can allow regulator to approve workplace safety guidelines”

The Minister can give the regulator permission to approve, change, or cancel codes of practice and safe work instruments. This permission is called a delegation. The Minister must write down this delegation.

If the regulator gets this permission, they can’t give it to anyone else unless the Minister says it’s okay. The Minister can only give this permission if no other laws stop them from doing so. However, this doesn’t limit any other ways the Minister can delegate their powers under other laws.

When the regulator uses this delegated power, they can do it as if they were the Minister. They just need to follow any rules the Minister set when giving them the permission.

If the regulator says they’re using this delegated power, people should assume they’re doing it correctly unless there’s proof they’re not.

Even when the Minister gives this permission to the regulator, the Minister is still responsible for what happens. The Minister can still do these tasks themselves if they want to.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977232.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights
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“Safe work instruments have legal power when mentioned in other health and safety rules”

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

229Minister may delegate approval of codes of practice and safe work instruments to regulator

  1. The Minister may, either generally or particularly, delegate to the regulator his or her power—

  2. under section 222 to approve, amend, or revoke a code of practice:
    1. under section 227 to approve, amend, or revoke a safe work instrument.

      1. A delegation under this section must be in writing.

      2. The regulator must not delegate the power to approve, amend, or revoke a code of practice or a safe work instrument delegated to it under subsection (1) except in accordance with the terms of the delegation.

      3. The power of the Minister to delegate under this section—

      4. is subject to any prohibitions, restrictions, or conditions contained in any other Act in relation to the delegation of the Minister's functions or powers; but
        1. does not limit any power of delegation conferred on the Minister by any other Act.

          1. The regulator may exercise the power delegated to it under this section in the same manner and with the same effect as if it had been conferred on the regulator (subject to any restrictions or conditions imposed under the delegation).

          2. If the regulator purports to act under a delegation under this section, the regulator must, in the absence of proof to the contrary, be presumed to be acting in accordance with the terms of the delegation.

          3. No delegation affects or prevents the performance or exercise of any function or power by the Minister or affects the responsibility of the Minister for the actions of a person acting under the delegation.