Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
7: Application of Act to Armed Forces
or “How health and safety rules apply to the Armed Forces”
You could also call this:

“How workplace safety rules apply to intelligence and security agencies”

This law is about how the Health and Safety at Work Act applies to intelligence and security agencies in New Zealand. You need to know that:

The law doesn’t make anyone do anything that could harm New Zealand’s security, defence, or international relations. The heads of the Security Intelligence Service and the Government Communications Security Bureau can say that some parts of this law don’t apply to their workers, or apply differently. They can do this for specific workers, workplaces, or types of work, but they need the Minister’s approval.

When the heads of these agencies use this power, they must try to follow the main purpose of the Health and Safety at Work Act as much as they can while keeping New Zealand safe. If you work for one of these agencies and your boss says the law doesn’t apply to you, you can ask the Inspector-General to check if this decision was fair. You have 14 days to do this after you find out about the decision.

The law also explains what some important terms mean, like who the Minister is for each agency and what the Inspector-General does.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 9: Application of Act to aircraft in operation

or “This Act applies to aircraft during operation, including domestic flights and some international flights with NZ-employed workers”
Next

Part 1 Health and safety at work
Application of Act

8Application of Act to intelligence and security agencies

  1. Nothing in this Act requires or permits a person to take any action, or to refrain from taking any action, that would be, or could reasonably be expected to be, prejudicial to the security or defence of New Zealand or the international relations of the Government of New Zealand.

  2. Without limiting subsection (1),—

  3. the Director-General of Security may declare that specified provisions of this Act or regulations do not apply (or apply with modifications) in relation to any worker carrying out work for the Security Intelligence Service:
    1. the Director-General of the Government Communications Security Bureau may declare that specified provisions of this Act or regulations do not apply (or apply with modifications) in relation to any worker carrying out work for the Bureau.

      1. Without limiting subsection (2), a declaration may apply to—

      2. a specified worker or class of workers:
        1. a specified workplace or class of workplaces:
          1. a specified type of work.

            1. A declaration under subsection (2) may only be made with the approval of the Minister.

            2. A declaration under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

            3. In administering the Security Intelligence Service or the Bureau and in exercising the power under subsection (2), the Director-General of Security or the Director-General of the Government Communications Security Bureau (as the case requires) must take into account the need to promote the purpose of this Act to the greatest extent consistent with maintaining the security or defence of New Zealand or the international relations of the Government of New Zealand.

            4. A worker who is an employee of the Security Intelligence Service or the Government Communications Security Bureau may ask the Inspector-General to review a declaration made under subsection (2) to determine whether, in making the declaration, the Director-General of Security or the Director-General of the Government Communications Security Bureau (as the case requires) met the criteria in subsection (6).

            5. A request by a worker under subsection (7) for a review of a declaration must be made within 14 days of the date on which the worker becomes aware, or reasonably ought to have been aware, of the declaration.

            6. In this section,—

              Government Communications Security Bureau or Bureau means the Government Communications Security Bureau continued by section 8 of the Intelligence and Security Act 2017

                Inspector-General—

                1. means the Inspector-General of Intelligence and Security holding office under section 157 of the Intelligence and Security Act 2017; and
                  1. includes the Deputy Inspector-General of Intelligence and Security holding office under section 157 of the Intelligence and Security Act 2017

                    Minister,—

                    1. in relation to the New Zealand Security Intelligence Service, means the Minister responsible for the New Zealand Security Intelligence Service:
                      1. in relation to the Government Communications Security Bureau, means the Minister responsible for the Government Communications Security Bureau

                        Security Intelligence Service means the New Zealand Security Intelligence Service continued by section 7 of the Intelligence and Security Act 2017.

                        Compare
                          Notes
                          • Section 8(2)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 8(2)(a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(2)(b): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 8(2)(b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(5): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                          • Section 8(6): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(7): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(9) Government Communications Security Bureau or Bureau: replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(9) Inspector-General paragraph (a): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(9) Inspector-General paragraph (b): amended, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(9) Minister: replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).
                          • Section 8(9) Security Intelligence Service: replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).