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Health and Safety at Work (Volunteer Associations) Amendment Bill (Consistent) [2018] NZBORARp 24 (14 March 2018)

Last Updated: 3 January 2019

14 March 2018

LEGAL ADVICE

LPA 01 01 23

Hon David Parker, Attorney-General

Consistency with the New Zealand Bill of Rights Act 1990: Health and Safety at Work (Volunteer Associations) Amendment Bill

Purpose

1. We have considered whether the Health and Safety at Work (Volunteer Associations) Amendment Bill (‘the Bill’), a member’s Bill in the name of Harete Hipango MP, is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’).
2. The Bill amends the definition of volunteer association in s 17 of the Health and Safety at Work Act 2015. Section 17 relates to the meaning of ‘person conducting a business or undertaking’ (PCBU), which excludes volunteer associations.
3. The amendment provides that volunteer associations may include associations which engage people in paid employment for no greater than 100 hours per week in total.
4. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Jeff Orr

Chief Legal Counsel Office of Legal Counsel