WorkSafe may exempt any specific gas installation, gas appliance, fittings, person, or thing from the provisions listed in Regulation 85 of the Gas (Safety and Measurement) Regulations 2010.

Gas (Safety and Measurement) Regulations 2010(external link)

Granting an exemption

WorkSafe cannot grant an exemption unless it is satisfied that:

• safety will be ensured despite the exemption
• the extent of the exemption is not broader than is reasonably necessary to address the matters that gave rise to the proposed exemption.

Applying for an exemption

It is the responsibility of the Applicant to:

• submit the application using the appropriate form
• pay the fee when invoiced
• specify the precise exemption being sought and demonstrate how safety will be ensured if the exemption is granted
• provide all necessary information to support the application.

Incomplete applications will not be processed.

Please note:

1. WorkSafe will make a decision on the merits, by applying our How we use our exemption powers policy, and considering the circumstances that exist at the time of the application, such as what we know about the risks and about the applicant.
2. WorkSafe will only grant an exemption in accordance with the limitations set out in the Gas (Safety and Measurement) Regulations 2010.
3. When applying for an exemption, you should provide all required information, including the legislative requirement you wish to be exempted from and how your application meets the relevant legislative and policy criteria. In particular, an application for an exemption needs to show how safety will be maintained or improved if the exemption is granted.
4. When submitting your application, please allow reasonable time to ensure that you do not become non-compliant.
5. The time to process an application will vary depending on the complexity. However, it will take longer if WorkSafe does not receive all information required to make a decision (completed application form, all supporting information and a paid fee where applicable).

Application form

Applicants should complete the form below to request an exemption, an amendment to an exemption or another exemption.

Supporting information should be attached to the application.

An invoice for the exemption application fee - $408.89 (including GST) - will be sent to the applicant.

Contact info@energysafety.govt.nz for further assistance.

Once completed forward the form by email or post.

Email

Email to info@energysafety.govt.nz and include “Application for exemption” in the subject line.

Post

Post to:

Manager
Energy Safety
PO Box 165
Wellington 6140
New Zealand

This form is approved by the Manager, Energy Safety, acting under delegated authority from the Chief Executive, WorkSafe New Zealand.

When an exemption expires

1. All exemptions granted by WorkSafe expire at the end of their term.
2. It is your responsibility to be compliant with all relevant regulatory requirements that apply to you. If you hold an exemption that lapses and you have not become compliant in the meantime, you will effectively be in breach of those requirements.
3. As the exemption holder, you must apply for a new exemption should you wish to continue to be exempt from the relevant regulatory requirement (exemptions don’t roll over).
4. WorkSafe will make a decision on the merits, by applying our How we use our exemption powers policy, and considering the circumstances that exist at the time of the application, such as what we know about the risks and about the applicant.
5. WorkSafe will only grant an exemption in accordance with the limitations set out in the Gas (Safety and Measurement) Regulations 2010.
6. When applying for an exemption, you should provide all required information, including the legislative requirement you wish to be exempted from and how your application meets the relevant legislative and policy criteria. In particular, an application for an exemption needs to show how safety will be maintained or improved if the exemption is granted.
7. When submitting your application, please allow reasonable time to ensure that you do not become non-compliant when your existing exemption expires.
8. The time to process an application will vary depending on the complexity. However, it will take longer if WorkSafe does not receive all information required to make a decision (completed application form, all supporting information and a paid fee where applicable).