Pursuant to Regulation 6 of the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 (“the Regulations”), I, Richard Steel, Manager Technical Support Services, WorkSafe New Zealand, in exercise of the powers delegated to me by the Chief Executive of WorkSafe New Zealand, give notice of the following:

1. The exemption dated at Wellington on the 12th day of December 2013 relating to items of mobile plant (including earth-moving equipment), not originally designed as a crane, and used for load lifting incidental to their principal function is to be cancelled, with effect from 24 September 2015.
2. The following equipment will be exempt from the requirements of the Regulations, with effect from 24 September 2015:
   Items of mobile plant (including earth-moving equipment), not originally designed as a crane, and used for load lifting incidental to their principal function are entirely exempt from the Health and Safety in Employment (Pressure Equipment, Cranes, and Passenger Ropeways) Regulations 1999 subject to the following conditions as applicable:
1. Lifting points and equipment used for rigging loads are to be certified by a Chartered Professional Engineer; and
2. in the case of new and used hydraulic excavators with an operating weight of seven tonne or more, the following additional conditions apply:
1. the equipment is not to be modified to make it operate as a crane other than the provision of a lifting point; and
2. the equipment is to have a loading chart available to operators; and
3. operators and ground support personnel are to be adequately trained; and
4. operations are to be carried out in accordance with the Approved Code of Practice for Load-Lifting – Rigging; and
5. except for load-lifting mobile plant used in forestry operations that do not involve the construction of forest roads, hose burst protection valves are required after 1 January 2016.

Dated at Wellington this 24th day of September 2015.

RICHARD STEEL, Manager Technical Support Services, WorkSafe New Zealand.