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Health and Safety at Work Act 2015

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

220: Regulator may grant exemption from compliance with regulations

You could also call this:

“Special permission to not follow some rules”

The regulator can let you or a group of people not follow some rules. They can only do this if it’s really needed and if it doesn’t go against what the law is trying to do.

When the regulator lets you not follow a rule, they can add their own rules you have to follow instead. They can also change or cancel this special permission, or give you a new one when the old one runs out.

The regulator will tell everyone when this special permission starts. It can’t start before they tell everyone. The permission will end after five years, or earlier if they say so. If you don’t follow the regulator’s special rules, it’s the same as breaking the original rule.

The regulator can write down their own rules for the special permission. They can change these rules, take away the permission, or give you a new one before or when the old one ends.

You can find out more about how the regulator tells everyone about these special permissions in section 221.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544175.

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

220Regulator may grant exemption from compliance with regulations

  1. The regulator may exempt any person or class of persons from compliance with any provision or provisions of regulations.

  2. The regulator must not grant an exemption under subsection (1) unless it is satisfied that—

  3. the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
    1. the exemption is not inconsistent with the purpose of this Act.

      1. The regulator may—

      2. grant the exemption on any terms and conditions that the regulator thinks fit; and
        1. amend or revoke an exemption; and
          1. replace an exemption either before or when it expires.

            1. An exemption granted under subsection (1)—

            2. takes effect from the date specified in the notice published in accordance with section 221 (which may not be earlier than the date of the notice); and
              1. expires on the earlier of the following to occur unless it is sooner replaced or revoked:
                1. an expiry date specified in the notice:
                  1. the close of the day that is 5 years after the date on which it took effect.

                  2. The breach of a term or condition of an exemption granted under subsection (1) is a breach of the provision to which the exemption relates (unless the terms of the exemption provide otherwise).

                  Notes
                  • Section 220(4)(b): replaced, on , by section 20 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).