New Zealand Legislation: Acts

6 Interpretation

• (1) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

  “all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

  • “(a) the nature and severity of the serious harm or significant property damage that may be suffered if the result is not achieved; and

  • “(b) the current state of knowledge about the likelihood that harm or damage of that nature and severity will be suffered if the result is not achieved; and

  • “(c) the current state of knowledge about harm or damage of that nature; and

  • “(d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and

  • “(e) the availability and cost of each of those means

  “serious harm means—

  • “(a) death; or

  • “(b) injury that consists of or includes loss of consciousness; or

  • “(c) injury that necessitates the person suffering the injury—

    • “(i) being admitted to hospital; or

    • “(ii) receiving medical treatment from a health practitioner who is, or is deemed to be, registered with an authority established or continued by section 114 of the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession”.

  (2) Section 2(1) is amended by repealing the definitions of Minister and Ministry and substituting the following definitions:

  “Minister, in any provision of this Act, means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is responsible for the administration of that provision

  “Ministry, in any provision of this Act, means the department of State that, with the authority of the Prime Minister, is responsible for the administration of that provision”.

  (3) Section 2(1) is amended by repealing the definition of Secretary and substituting the following definition:

  “Secretary, in any provision of this Act, means the chief executive of the Ministry responsible for the administration of that provision; and includes any person for the time being authorised by delegation to exercise or perform any of the powers or functions of the Secretary under that provision”.

  (4) The definitions of Committee, employer licence, provisional licence, qualified engineer, qualifying experience, recognised certificate, register, registered, registered person, supervisor of electrical work, tradesperson, and trainee in section 2(1) are repealed.

  (5) Section 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

  “applicable minimum standards for registration means the minimum standards for registration that—

  • “(a) apply in relation to the relevant class of registration; and

  • “(b) are prescribed under Part 10

  “condition includes a restriction or limit

  “employer licence means an employer licence issued under section 115

  “infringement fee, in relation to an infringement offence, means the amount prescribed by regulations made under section 169 as the infringement fee for the offence

  “infringement notice means a notice given under section 165B

  “infringement offence means—

  • “(a) an offence against section 20(d), 162, or 163:

  • “(b) a breach of any regulation made under this Act that is prescribed as an infringement offence

  “investigator, in relation to a complaint, means the person appointed under Part 11 to investigate the complaint

  “place means—

  • “(a) the whole or any part of any land, house, shop, factory, premises, or building:

  • “(b) any vessel within any harbour or inland waters:

  • “(c) any aircraft, hovercraft, or vehicle

  “Plumbers, Gasfitters, and Drainlayers Board means the Board constituted by section 5 of the Plumbers, Gasfitters, and Drainlayers Act 1976 or continued under an enactment that, with or without modification, replaces, or that corresponds to, that Act

  “practising licence means a practising licence issued under subpart 1 of Part 10

  “provisional licence means a provisional licence issued under section 93

  “register means the register kept under Part 10

  “registered person means a person who, for the time being,—

  • “(a) is registered under subpart 1 of Part 10; or

  • “(b) is deemed to be registered under that subpart”.

  (6) Paragraphs (a) and (d) of the definition of prescribed electrical work in section 2(1) are amended by inserting “design or” in each case before “construction”.

  (7) The definition of prescribed electrical work in section 2(1) is amended by adding the following paragraph:

  • “(e) the testing or certification or inspection or supervision of the work described in paragraphs (a) to (d)”.

  (8) The definition of supervision in section 2(1) is amended by inserting “or, in the case of section 76, a person authorised to supervise work under that section” after “to do the work”.

  (9) Section 2 is amended by repealing subsection (2).