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5 Manner of notification of accident or serious harm

5
Manner of notification of accident or serious harm
(1)
A person who is required under section 25(3)(b) of the Act to notify the Secretary in writing of the circumstances of the occurrence of an accident or serious harm must do so in accordance with this regulation.
(2)
The person must notify the circumstances of the occurrence by—
(a)
completing a copy of form 1 of the Schedule or completing a document containing the same information as set out in form 1 of the Schedule; and
(b)
sending the form or document,—
(i)
if the occurrence occurred on, or in relation to, a ship at sea, to the Director of [Maritime New Zealand]; or
(ii)
if an agency has been designated under section 28B of the Act to administer the Act for a particular industry, sector, or type of work, and the occurrence occurred in, or in relation to, that industry, sector, or type of work, to the chief executive of that agency; or
(iii)
in every other case, to the Secretary.
(3)
Subclause (2)(b)(i) applies only until a designation is made under section 28B of the Act in regard to the maritime industry.
[(4)
Subclause (1) does not apply to a mine operator who is required to notify an accident or occurrence of serious harm at a mining operation in accordance with regulation 227 of the Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013.]

History Note - Regulations of New Zealand

These Regulations were revoked, as from 4 April 2016, by s 231(3)(a) Health and Safety at Work Act 2015 (2015 No 70). See section 4 and Schedule 1 of that Act for the transitional, savings, and related provisions.
Subclause (2)(b)(i) was amended, as from 1 July 2005, by s 11 Maritime Transport Amendment Act 2004 (2004 No 98) by substituting “Maritime New Zealand” for “the Maritime Safety Authority”. See ss 11 and 12 of that Act as to the transitional provisions.
Subclause (4) was inserted, as from 16 December 2013, by reg 234(3) Health and Safety in Employment (Mining Operations and Quarrying Operations) Regulations 2013 (SR 2013/483).

Historical Versions - Regulations of New Zealand

Show the historical version (1 July 2005 to 15 December 2013)

5
Manner of notification of accident or serious harm
(1)
A person who is required under section 25(3)(b) of the Act to notify the Secretary in writing of the circumstances of the occurrence of an accident or serious harm must do so in accordance with this regulation.
(2)
The person must notify the circumstances of the occurrence by—
(a)
completing a copy of form 1 of the Schedule or completing a document containing the same information as set out in form 1 of the Schedule; and
(b)
sending the form or document,—
(i)
if the occurrence occurred on, or in relation to, a ship at sea, to the Director of [Maritime New Zealand]; or
(ii)
if an agency has been designated under section 28B of the Act to administer the Act for a particular industry, sector, or type of work, and the occurrence occurred in, or in relation to, that industry, sector, or type of work, to the chief executive of that agency; or
(iii)
in every other case, to the Secretary.
(3)
Subclause (2)(b)(i) applies only until a designation is made under section 28B of the Act in regard to the maritime industry.
Show the historical version (7 May 2003 to 30 June 2005)

5
Manner of notification of accident or serious harm
(1)
A person who is required under section 25(3)(b) of the Act to notify the Secretary in writing of the circumstances of the occurrence of an accident or serious harm must do so in accordance with this regulation.
(2)
The person must notify the circumstances of the occurrence by—
(a)
completing a copy of form 1 of the Schedule or completing a document containing the same information as set out in form 1 of the Schedule; and
(b)
sending the form or document,—
(i)
if the occurrence occurred on, or in relation to, a ship at sea, to the Director of the Maritime Safety Authority; or
(ii)
if an agency has been designated under section 28B of the Act to administer the Act for a particular industry, sector, or type of work, and the occurrence occurred in, or in relation to, that industry, sector, or type of work, to the chief executive of that agency; or
(iii)
in every other case, to the Secretary.
(3)
Subclause (2)(b)(i) applies only until a designation is made under section 28B of the Act in regard to the maritime industry.

From Employment Law - Occupational Safety & Health

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