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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:

“WorkSafe can allow exemptions from some regulations”

The regulator can let you or a group of people not follow some rules in the regulations. 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 that 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.

If the regulator gives you this special permission, it starts on the day they say it does. This day can’t be before they tell everyone about it in section 221. The permission lasts for 5 years unless they end it earlier or give you a new one.

If you don’t follow the regulator’s special rules when they let you not follow the normal rules, it’s the same as breaking the normal rules. But sometimes, the regulator might say it’s okay to break their special rules.

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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.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights
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219: Procedure for making regulations relating to definitions, exclusions, or exemptions, or

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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 close of the day that is 5 years after the date on which it took effect, unless it is sooner replaced or revoked.

                1. 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).