This notice is issued under section 191 of the Health and Safety at Work Act 2015 and designates Maritime New Zealand as a designated agency for the purposes of performing functions and exercising powers under the Act in respect of the maritime sector.

Issued at Wellington this 23rd day of August 2023.

Rt Hon CHRIS HIPKINS, Prime Minister.

Notice

1. Title

This notice is the Health and Safety at Work (Maritime New Zealand) Agency Designation 2023.

2. Commencement

This notice comes into force on 1 July 2024.

3. Interpretation

In this notice, unless the context otherwise requires─

Act means the Health and Safety at Work Act 2015;

MNZ means Maritime New Zealand;

Major Port means:

1. a port operated by a port company within the meaning of the Port Companies Act 1988; and
2. includes the ports listed in the Schedule to this designation.

Port means a port within the meaning of the Maritime Transport Act 1994, and includes:

1. any area within the securely fenced boundaries of a port, whether or not that area is operated by a port company; and
2. the buildings, installations, other structures, or equipment on or adjacent to the port and used in connection with the port’s operation or administration.

Ships does not include naval ships or the ships of, or pertaining to, the Armed Forces.

4. Revocation of Health and Safety at Work (Maritime New Zealand) Agency Designation 2015

The Health and Safety at Work (Maritime New Zealand) Agency Designation 2015 is revoked.

5. Designation

(1) MNZ is designated as a designated agency under section 191 of the Act.

(2) Subject to sub-clause (4), MNZ may perform all the functions and exercise all the powers of the regulator under the Act in respect of:

1. work on board ships
2. ships as workplaces
3. work at major ports and at ports used in connection with the Cook Strait inter-island ferries
4. major ports as workplaces, and ports used in connection with the Cook Strait inter-island ferries, as workplaces.

(3) Nothing in sub-clauses (1) and (2) applies to work carried out at a major hazard facility within the meaning of the Health and Safety at Work (Major Hazard Facility) Regulations 2017 or major hazard facilities as workplaces.

(4) MNZ may perform all the functions and exercise all of the powers, under the Act except that the powers to grant, issue, renew, vary, suspend, cancel, or replace authorisations under the Act and regulations, and the power under section 220 of the Act to grant exemptions may not be exercised in respect of sub-clause (2)(c) and (d).

Explanatory Note

This note is for explanatory purposes only.

The purpose of this notice is to designate Maritime New Zealand (MNZ) as a designated agency for the purposes of performing functions and exercising powers under the Health and Safety at Work Act 2015 in respect of the maritime sector. It replaces the Health and Safety at Work (Maritime New Zealand) Agency Designation 2015 and extends MNZ’s existing powers under the 2015 Order which relate to work on board ships to work at major ports and work at ports used in connection with the Cook Strait inter-island ferries.

Schedule

Northport

Ports of Auckland

Port of Tauranga

Eastland Port

Port Taranaki

Port of Napier

Centre Port Wellington

Port Marlborough

Port Nelson

Lyttelton Port

PrimePort Timaru

Port Otago

South Port