WorkSafe has granted an exemption (​HS2206​) to ​CBRE Limited​ from compliance with ​regulations 17.63(7)(e) and 17.64(2)(b)​ in relation to the three stationary tanks located on level 1 and the service tank located on level 6 of the ANZ Tower at ​21-29 Albert Street, Auckland​. 

The exemption is granted by WorkSafe in accordance with section 220 of the Health and Safety at Work Act 2015 on the basis that WorkSafe is satisfied that—

  • the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption; and
  • the exemption is not inconsistent with the purpose of the Act; and
  • this is a situation where it is necessary and appropriate to exercise discretion to grant an exemption under section 220(1).

WorkSafe also notes that:

  • it is not practicable to move the stationary tanks to meet the 450mm distance as the risks are negligible.
  • it is not practicable to replace the service tank as the risks associated with a greater capacity is mitigated by the tank design and the firefighting capabilities in place.

The exemption comes into effect ​2 February 2024 and expires on 2 February 2029​ unless it is replaced sooner or revoked. 

​CBRE Limited​ exemption from the provisions of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (PDF 89 KB)