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Law/Legislation

Guidance

The Department of Labour publishes a wide range of guidance material on the application of the HSE Act in New Zealand workplaces.

Some of this material describes the application of the legislation generally, while other material describes controls for specific hazards or recommended practices for particular types of workplace. In the second case, guidance is frequently developed and/or published in conjunction with industry groups.

Guidance material frequently explains the law in general terms and leaves the reader with duties under the legislation to determine how the law applies in their situation.

Where specific guidance is given on the "practicable steps" that are required to fulfil a duty under the Act in a particular situation, it does not have the same legal standing as an approved code. Therefore, in using such information, employers and others should give consideration to its currency and application to the hazards in their own situation, and consider it in addition to the requirement to take "all practicable steps" in the legislation itself.

The Department has published guidelines in support of the various regulations, and for particular industries. Other guidance has been developed by the Civil Aviation Authority and Maritime New Zealand.