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 it;
• and the exemption is not inconsistent with the purpose of the Act as:
  • Having the most senior officer from Australia sign the officer’s statement will not change the requirement for Koppers Performance Chemicals New Zealand Limited to prepare a safety case under regulation 45(1) or the information that must be contained within the safety case as prescribed by Schedule 7 of the MHF Regulations;
  • Koppers Performance Chemicals New Zealand Limited have provided alternative and equivalent means to achieve a similar level of safety by proposing that Mr Akle, Managing Director, will sign the officer’s statement required by clause 19 of Schedule 7;
  • Koppers Performance Chemicals New Zealand Limited have demonstrated that Mr Akle has the appropriate authority and experience, and through his regular engagement with the New Zealand business, is in a position to fulfil the role of an officer for the purposes of completing the officer’s statement regardless that he is not permanently based in New Zealand;
  • Granting this exemption will result in a standard of safety that is at least equivalent to the standard that would be achieved by compliance with the relevant provisions that the exemption relates to; and
• this is a situation where there is good reason to grant an exemption under section 220(1).

The exemption comes into effect on 21 October 2025 and expires on 21 October 2030 unless it is replaced sooner or revoked.