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Health and Safety at Work Act 2015

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

221: Status and publication of exemptions granted by regulator

You could also call this:

“How exemptions are published and why they are given”

When the regulator gives an exemption under section 220, it’s considered secondary legislation unless it’s only for one or more specific people. This means it needs to be published according to the rules in Part 3 of the Legislation Act 2019.

If the exemption is secondary legislation, the regulator has to explain why they gave it and why it’s appropriate. These reasons must be published along with the exemption.

For exemptions that aren’t secondary legislation, different rules apply. The regulator needs to tell everyone about the exemption as soon as they can. They do this by putting a notice in the Gazette (which is like a special government newspaper) and by publishing it on a website that the regulator runs or owns.

When the regulator publishes the exemption on their website, they also need to explain why they gave it and why it’s appropriate. However, when they put the notice in the Gazette, they don’t have to include the full exemption - just the notice is enough.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544176.

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

221Status and publication of exemptions granted by regulator

  1. An exemption under section 220 is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements), unless it relates only to 1 or more named persons.

  2. If an exemption is secondary legislation, the regulator’s reasons for granting the exemption (including why it is appropriate) must be published with the exemption.

  3. If an exemption is not secondary legislation, subsections (3), (4), and (5) apply.

  4. As soon as practicable after an exemption granted under section 220 is made, it must be—

  5. notified in the Gazette; and
    1. published on an Internet site maintained by or on behalf of the regulator.

      1. The regulator’s reasons for granting the exemption (including why the exemption is appropriate) must be published in accordance with subsection (3)(b) together with the exemption.

      2. A notification in the Gazette for the purpose of subsection (3)(a) does not have to incorporate the exemption.

      3. Repealed
      Notes
      • Section 221(1): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 221(1A): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 221(2): replaced, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
      • Section 221(6): repealed, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).