Plain language law

New Zealand law explained for everyone

Fair Trading Act 1986

Safety of services

35: Safety standards in respect of services

You could also call this:

“Rules for keeping people safe when getting services”

The Governor-General can make rules about how services should be done to keep people safe. These rules are called services safety standards. The Governor-General does this when the Minister suggests it.

The Governor-General can also say that other official standards, or parts of them, are services safety standards. They can use these standards as they are or change them a bit.

Before the Minister suggests making these rules, they must talk to people who will be affected by them. These people get a chance to tell the Minister what they think. The Minister needs to think about what these people say.

If the Minister forgets to talk to people before suggesting the rules, the rules can still be valid.

When these rules are made, they are called secondary legislation. This means they need to follow certain rules about how they are published, which you can find in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM96975.

Topics:
Health and wellbeing > Public health
Business > Industry rules
Government and voting > Government departments
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34: Meaning of services, or

“This section explains what 'services' means in this law, like fixing things or building houses”

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36: Compliance with services safety standards, or

“Follow safety rules when providing services”

Part 4 Safety of services

35Safety standards in respect of services

  1. The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations in respect of services of any description or any class or classes of services, prescribing for the purpose of preventing or reducing the risk of injury to any person, a services safety standard or 2 or more services safety standards relating to the performance of those services.

  2. The Governor-General may, from time to time, on the recommendation of the Minister, by Order in Council, make regulations declaring that:

  3. an official standard or an official standard with such additions or variations as are specified in the regulations is a services safety standard:
    1. a specified part or parts of an official standard or of an official standard with such additions or variations as are specified in the regulations is a services safety standard:
      1. 2 or more official standards or 2 or more official standards with such additions or variations as are specified in the regulations are services safety standards:
        1. specified parts of 2 or more official standards or of 2 or more official standards with such additions or variations as are specified in the regulations are services safety standards.

          1. The Minister must not make a recommendation under this section unless—

          2. the Minister has consulted with such persons or representatives of such persons as the Minister considers will be substantially affected by any Order in Council made in accordance with the recommendation and those persons have had the opportunity to comment to the Minister; and
            1. the Minister has considered any such comments.

              1. A failure to comply with subsection (3) does not affect the validity of any Order in Council made under this section.

              2. Regulations under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

              Notes
              • Section 35: substituted, on , by section 5 of the Fair Trading Amendment Act 1997 (1997 No 43).
              • Section 35(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).