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Social Security Act 2018

Obligations - Beneficiaries’ obligations - Miscellaneous

181: Application of health and safety legislation, etc

You could also call this:

"Health and safety laws apply to you when you're doing work as part of a job search or as a beneficiary"

If you are doing work as part of a job search or as a beneficiary, certain laws apply to you. The Health and Safety at Work Act 2015 and the Human Rights Act 1993 apply to you and the person providing the work. This means you are treated like a worker or employee for health and safety and human rights purposes, when you are doing work as part of a job search activity in accordance with section 261 or 324, or when you are a beneficiary doing work arranged by MSD.

When you are doing this work, the person providing the work must follow the same health and safety rules as they would for their own employees. This includes following the Health and Safety at Work Act 2015 and the Human Rights Act 1993. However, just because these laws apply, it does not mean you are an employee of the person providing the work.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6783479.

Topics:
Work and jobs > Workplace safetyWork and jobs > Worker rightsRights and equality > Anti-discrimination
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Part 3Obligations
Beneficiaries’ obligations: Miscellaneous

181Application of health and safety legislation, etc

  1. This section applies if a person (P)—

  2. is doing work as part of a job search activity in accordance with P’s work-test obligations or under section 261 or 324; or
    1. is a beneficiary and is doing work as part of—
      1. an employment-related activity arranged by MSD; or
        1. an activity in the community arranged by MSD.

        2. The Health and Safety at Work Act 2015 and the Human Rights Act 1993 apply to P, and to the person (B) providing the work that person P is doing, as if P were—

        3. a worker in B’s business or undertaking; or
          1. B’s employee.

            1. Except as provided in subsection (2), nothing in this Part creates or implies an employment relationship between P and B.

            Compare
            Notes
            • Section 181(1)(b): replaced, on , by section 9(2) of the Social Security Amendment Act 2025 (2025 No 25).