The application to grant an exemption has been decided as follows:

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 the proposed exemption;
• the exemption is not inconsistent with the purpose of the Act; and
• this is a situation where it is necessary and appropriate to exercise discretion to grant an exemption (section 220(1)).

In accordance with regulation 15.18 of the Health and Safety at Work (Hazardous Substances) Regulations 2017 WorkSafe considers that—

• the exemption relates to a small number of SCUBA cylinders;
• the cylinders were constructed by a manufacturer which is associated with other cylinder designs on the WorkSafe New Zealand record of gas cylinders;
• the cylinders were inspected by a Recognised Inspection Agency which is approved by WorkSafe New Zealand for the purposes of third-party inspection of the manufacture of gas cylinders; and
• the cylinders are sufficiently similar to an approved design that ensures a high level of safety when the cylinders are pressurised.

This exemption takes effect on 23 December 2025 and expires on 23 December 2030 unless it is sooner replaced or revoked.