Plain language law

New Zealand law explained for everyone

Social Security Act 2018

Obligations - Beneficiaries’ obligations - Miscellaneous

181: Application of health and safety legislation, etc

You could also call this:

"Health and safety rules apply to you when doing work as part of a job-search activity"

Illustration for Social Security Act 2018

You are doing work as part of a job-search activity or as a beneficiary. This work might be in accordance with your work-test obligations or under certain sections of the Social Security Act, such as section 236E, section 261, section 261C, or section 324. The Health and Safety at Work Act 2015 and the Human Rights Act 1993 apply to you and the person providing the work. You are treated like a worker or employee for health and safety purposes. This does not mean you are an employee, except for health and safety rules. You have the same health and safety rights as an employee.

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 It might be out of date or be missing some parts.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

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

This page was last updated on — View changes

Topics:
Work and jobs > Worker rightsWork and jobs > Workplace safetyHealth and wellbeing > Public health
Previous

180: Meaning of rate, or

"What 'rate' means when talking about overseas pensions"

Next

182: Obligations suspended where MSD has exercised discretion to pay benefit while beneficiary overseas, or

"Your benefit rules are paused if MSD lets you keep getting money while overseas"

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—
    1. in accordance with P’s work-test obligations; or
      1. under section 236E (sanction for first failure: report job search: general); or
        1. under section 261 (how person recomplies after failure to comply with obligation); or
          1. under section 261C (how person recomplies after failure that resulted in imposition of report job search); or
            1. under section 324 (effect of participation in certain activities on non-entitlement period); or
            2. 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)(a): replaced, on , by section 9(1) of the Social Security Amendment Act 2025 (2025 No 25).
                    • Section 181(1)(b): replaced, on , by section 9(2) of the Social Security Amendment Act 2025 (2025 No 25).