Health and Safety in Employment Act 1992

3A Application of Act to aircraft

• (1) This Act applies to—

  • (a) a person employed or engaged to work on board an aircraft; and

  • (b) the person who employs or engages the person specified in paragraph (a); and

  • (c) the aircraft as a place of work.

  (2) However, this Act applies only while an aircraft is—

  • (a) operating on a flight beginning at a place in New Zealand and ending at that same place; or

  • (b) operating between 2 places in New Zealand (not as part of a flight beginning or ending outside New Zealand); or

  • (c) operating outside New Zealand, and the person is employed or engaged under an employment agreement or contract for services governed by New Zealand law.

  (3) For the purposes of subsection 2(c), an aircraft operating in New Zealand as part of a flight beginning or ending outside New Zealand must be treated as operating outside New Zealand.

  (4) Section 16 does not apply to an aircraft while it is taking off, flying, or landing.

  (5) To avoid doubt, where this Act applies outside New Zealand, the provisions relating to offences apply even though an act or omission that constitutes an offence occurred in respect of an aircraft outside New Zealand.

  Section 3A: inserted, on 5 May 2003, by section 6 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).