WorkSafe may exempt any person, or class of persons, from compliance with any provision of regulations. This applies to all regulations made under the Health and Safety at Work Act 2015.

Granting an exemption

WorkSafe cannot grant an exemption unless it 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 HSWA.

Incomplete applications will not be processed.

Applying for an exemption

It is the responsibility of the Applicant to:

• submit the application using the appropriate form
• pay the fee (if any) when invoiced
• provide all necessary information to support the application.

Please note:

1. WorkSafe will make a decision on the merits, by applying our How we use our exemption powers policy, and considering the circumstances that exist at the time of the application, such as what we know about the risks and about the applicant.

2. WorkSafe will not grant an exemption unless satisfied that it is within the limitations set out in HSWA and any relevant criteria in the regulations are met.

3. When applying for an exemption, you should provide all required information, including the legislative requirement you wish to be exempted from and how your application meets the relevant legislative and policy criteria. In particular, an application for an exemption needs to show how safety will be maintained or improved if the exemption is granted.

4. When submitting your application, please allow reasonable time to ensure that you do not become non-compliant.

5. The time to process an application will vary depending on the complexity. However, it will take longer if WorkSafe does not receive all information required to make a decision (completed application form, all supporting information and a paid fee where applicable).

Application form

Applicants should complete the form below to request an exemption (or an amendment to an exemption).

If you are applying for an exemption from the Health and Safety at Work (Hazardous Substances) Regulations 2017 please use forms specified for this purpose.

Every application for an exemption, or an amendment to it, must specify the exemption being sought and if applicable demonstrate how safety will be maintained or improved if the exemption is granted. This applies regardless of whether you have been granted an exemption previously, or whether it is the same or a different exemption.

Supporting information should be attached to the application.

Please send your completed application to WorkSafe New Zealand:

Email: exemption@worksafe.govt.nz

Post:

WorkSafe New Zealand
Exemptions Team
PO Box 165
Wellington 6140

When an exemption expires

1. All exemptions granted by WorkSafe expire at the end of their term.

2. It is your responsibility to ensure that you (or your business or organisation) complies with all relevant regulatory requirements that apply to you. If you hold an exemption that lapses and you have not become compliant in the meantime, you will effectively be in breach of those requirements.

3. As the exemption holder, you must apply for a new exemption should you wish to continue to be exempt from the relevant regulatory requirement (exemptions don’t roll over).

4. WorkSafe will make a decision on the merits, by applying our How we use our exemption powers policy, and considering the circumstances that exist at the time of the application, such as what we know about the risks and about the applicant.

5. WorkSafe will not grant an exemption unless satisfied that it is within the limitations set out in HSWA and any relevant criteria in the regulations are met.

6. When applying for an exemption, you should provide all required information, including the legislative requirement you wish to be exempted from and how your application meets the relevant legislative and policy criteria. In particular, an application for an exemption needs to show how safety will be maintained or improved if the exemption is granted.

7. When submitting your application, please allow reasonable time to ensure that you do not become non-compliant when your existing exemption expires.

8. The time to process an application will vary depending on the complexity. However, it will take longer if WorkSafe does not receive all information required to make a decision (completed application form, all supporting information and a paid fee where applicable).

Specialised hazardous substances application forms 

There are specialised application forms for exemptions from the Health and Safety at Work (Hazardous Substances) Regulations 2017.

Applicants should complete the appropriate form to request an exemption (or an amendment to an exemption).

Please send your completed application to WorkSafe New Zealand:

Email: hsapplications@worksafe.govt.nz

Post:

WorkSafe New Zealand
Hazardous Industries (Certifications)
Exemption
PO Box 165
Wellington 6140