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As the current Government progresses its legislative agenda we have an important update for the electrical industry.
This update reflects the work Master Electricians has been doing to advocate for the industry including at the highest levels of Government.
One of our key positions has been to point out the onerousness of improving industry regulations, and that the inherent challenges in making these improvements means the New Zealand legislation has been failing, over at least a decade, to keep pace with industry needs and new technologies and opportunities.
The Regulatory Systems (Immigration and Workforce) Amendment Bill
We now have the clearest signal we have had in some time that policymakers are taking heed and endeavouring to address these issues. The Ministry of Business, Innovation and Employment (MBIE) has been working to establish a faster, easier process to update references to standards and resolve the existing problem of out-of-date references to standards in the Electricity Safety Regulations.
The process is part of the Regulatory Systems (Immigration and Workforce) Amendment Bill introduced to Parliament on 23 May 2024 and currently at first reading stage.
The proposed new process allows for the Minister for Energy to approve Electricity Safety Instruments (ESIs), which will be developed by WorkSafe and consulted on with industry. As a process it is based on an existing ability under health and safety law for the Minister for Workplace Relations and Safety to approve Safe Work Instruments.
By empowering the Minister, updates to the ESIs will not need to go through the full process for amending regulations to be approved by Cabinet and drafted by the Parliamentary Counsel Office. MBIE expects the ESIs will result in a far more efficient and effective vehicle for the future updating of references to standards, keeping better pace with changing industry practices and new technologies.
Importantly, the ESIs are not limited to standards citations but are capable of much more, with no limitations – greatly broadening the scope for steady improvements and updates to our electrical sector as technologies are introduced and existing tech and processes upgraded.
The change as proposed would be the most significant regulatory change in a decade for our industry. It would replace the current section 169C of the Electricity Act 1992 and in essence places ESIs on the same ‘level’ as ECP’s, and standards. It would create a new mechanism to bring new electrical safety protocols into law, by allowing them to be updated without having to update regulations, which up until now has been virtually the only method for bringing new instruments into law and has effectively created stagnation for the past decade. The introduction of section 169E also allows the Minister to delegate powers to WorkSafe to approve, amend, or revoke an electricity safety instrument.
A phased approach
The Regulatory Systems (Immigration and Workforce) Amendment Bill is newly introduced and has a number of stages to go through in order to be enacted. It is also wide-reaching, encompassing not just amendments to the Electricity Act 1992 but at least six other important Acts, including in employment relations, health and safety at work, gas, and more.
We recognise the Government’s phased and highly focused approach to its agenda and support the work being done to create a robust yet flexible legislative framework for electricity safety instruments so that our industry can keep pace with our global counterparts, technological advancements, and industry and consumer expectations around safety, performance, convenience, and access.
The next stage is the referral of the Bill to a select committee. Interested parties will be able to make submissions and have their say on the Bill’s proposals, including supporting the introduction of ESIs. Concurrently, MBIE continues to work closely with WorkSafe NZ on updating the existing references to standards in the regulations as soon as possible, with a focus on those standards with the widest application and in most urgent need of updating.
Master Electricians is consulting with all its members and all interested parties to collate feedback on the Bill which Master Electricians can include in its ongoing conversations with the relevant Minister and MBIE on this and related issues. We also expect direct industry consultation to be a key feature of this legislative process and will keep members apprised of this process.
The page for the Bill on the Parliament website which keeps you up to date on its progress: Regulatory Systems (Immigration and Workforce) Amendment Bill
The part of the Bill that introduces ESIs: https://legislation.govt.nz/bill/government/2024/0049/latest/link.aspx?id=LMS963927
The Bill can be read in full here: https://legislation.govt.nz/bill/government/2024/0049/latest/LMS963918.html
As always I am keen to hear from you about how Master Electricians can continue to better serve the industry. Please feel free to get in touch with your thoughts, and in the meantime I look forward to seeing you at a branch meeting or Master Electricians event.