WorkSafe New Zealand has granted an exemption (SEP2502) to Waste Management NZ Limited from compliance with regulations 11.30(2) and 11.34(2) of the Health and Safety at Work (Hazardous Substances) Regulations 2017 (the HS Regulations) in relation to the separation distance between their type A store holding class 3.1B and 3.1C substances and Building 2 located at 88 Francella Street, Bromley, Christchurch 8062.
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 because:
- having zero separation between the type A store and Building 2 represents no less a level of health and safety protections for workers in Building 2 with the safety controls in place, and
- the costs to establish the prescribed separation distance would be disproportionate to the residual risk that remains to workers in Building 2 with the safety controls in place.
- this is a situation where there is good reason to grant an exemption under section 220(1).
The exemption comes into effect on 1 September 2026 and expires on 1 September 2031 unless it is replaced sooner or revoked.
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