Created: July 29, 2013 at 9:35 AM | Updated: August 25, 2023 | By Community Resource Kit
There are four important policies covered in this section:
Health and Safety | Complaints | Volunteers | Te Tiriti o Waitangi Treaty of Waitangi
All organisations must comply with the Health and Safety in Employment Act 2015. This Act promotes the prevention of harm to all people at work and to others who are in, or in the vicinity of, workplaces. It requires employers and others to maintain safe working environments and to implement sound practices.
The Health and Safety at Work Act 2015 introduced a new concept - "Person Conducting a Business or Undertaking" (PCBU) - which captures employers, self-employed, principals to contracts, designers etc.
The responsibilities of a community group under the Health and Safety in Employment Act 2015 depend on whether or not the organisation has employees, even one part-time employee (the Act applies), or is entirely voluntary (entirely voluntary organisations are excluded from the Act).
The Act defines 'worker' as including both paid employees and voluntary workers who carry out work on the business on a regular or ongoing basis. This does not include volunteers participating in fund-raising activities; sports or recreation or education; or caring for another person in the volunteers home.
Organisations that have employees have a duty of care to ensure that they:
A easy to read, quick reference guide to the Act can be found here: https://www.worksafe.govt.nz/managing-health-and-safety/getting-started/health-and-safety-at-work-quick-reference-guide/.
You can also download an Introduction to the Health and Safety at Work Act 2015 - special guide here: https://www.worksafe.govt.nz/managing-health-and-safety/getting-started/introduction-hswa-special-guide/
WorkSafe also have information for volunteers here - https://www.worksafe.govt.nz/managing-health-and-safety/getting-started/understanding-the-law/volunteers/information-for-volunteers/ and information for officers of an organisation who are volunteers here - https://www.worksafe.govt.nz/managing-health-and-safety/getting-started/understanding-the-law/volunteers/information-for-officers-who-are-volunteers/
Sources:
MBIE Employment New Zealand - https://www.employment.govt.nz/workplace-policies/health-and-safety-at-work/
Worksafe - https://www.employment.govt.nz/workplace-policies/what-are-workplace-policies/
Harkness Henry lawyers, Matthew Peploe: Health and Safety obligations for Clubs, Societies and Charitable Trusts -https://www.harknesshenry.co.nz/2016/10/03/health-and-safety-obligations-for-clubs-societies-and-charitable-trusts/
Sample health and safety policyRationale: The Community Centre and employed staff must take all practicable steps to ensure the safety of everyone on the premises. Purposes:
Procedures:
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Tip: Worksafe NZ also has forms and checklists available for download. Visit: https://www.worksafe.govt.nz/the-toolshed/Of particular interest will be: https://www.worksafe.govt.nz/the-toolshed/tools/writing-health-and-safety-documents-for-your-workplace/
All community organisations need a complaints policy and procedures for their users. Ideally, complaints will be resolved between the parties without involving others. However, a written procedure for the resolution of complaints made against employees, or the organisation itself, is essential.
The complaints policy and procedure should be displayed on the wall of your organisation and, if you have one, on your website. Written copies should also be made available to anyone who requests it. The policy should state that:
The procedure should outline, step-by-step:
Sample complaints policy and procedureRationale: The ABC Community Centre recognises the importance of having a policy and set of procedures relating to any complaints that are made against it or the people working for it. Purpose: To have a fair policy and set of procedures for situations where complaints cannot be resolved between the parties themselves. Procedures: The grievance procedure will be exercised in a way that will ensure any person/organisation complaining has the opportunity to be heard and treated fairly, and that the complaint will remain confidential to the parties involved. The procedures are to be worked through step by step. The procedures can be ended at the completion of any step, so long as both parties are satisfied. If not, continue to the next step. At any point of intervention, all parties have the right to have their supervisors and/or advocate and/or whānau/family support present.
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Tip: For more guidelines on developing a complaints policy, visit Consumer Protection: https://www.consumerprotection.govt.nz/guidance-for-businesses/customer-returns-and-complaints/
Volunteers play a major role in community groups 90 per cent of New Zealand not-for-profit organisations rely solely on volunteer labour and more than one million New Zealanders are involved in some form of voluntary work.
Sample volunteer policy and proceduresRationale: The XYZ Group Trust recognises the valuable contribution to the service made by volunteers and actively encourages their participation, which:
Volunteers will not be used to replace paid workers in the service. Purpose: This policy aims to ensure that volunteers working at the XYZ Group Trust have work that is safe significant and satisfying, and that their contribution is appreciated. Procedures:
Volunteer Recruitment Process: 1) Requests for volunteers will be widely advertised in the region and amongst the cultural group/s of the consumers as required.2) Interested volunteers should complete an Application for a Volunteer Position. (A copy should be included). 3) The XYZ Group Trust will arrange an interview with the volunteer which will cover the following areas:
6) The co-ordinator will match the volunteer with appropriate consumer(s), where possible, taking into account the consumer's wishes and their language spoken, culture and interests. |
Tip: Volunteering NZ has some useful resources and links to current volunteer policies and guidelines. Visit:https://www.volunteeringnz.org.nz/
Recognising and actively promoting the principles of Te Tiriti o Waitangi The Treaty of Waitangi (the Treaty) is an important part of being an effective community organisation in New Zealand. Understand the contents and principles of the Treaty. Involve the Māori community and other experts at the start of the process.
Principle |
What it means to your group |
Kawanatanga - the First Article gives the Crown the principle of governance or the right to make laws and to govern in accordance with its constitutional process on the condition that appropriate priority is given to the interests of Māori, as set out in this Article. |
Responsibility to consider the interests of Māori in the decision-making process. |
Rangatiratanga - the Second Article guarantees iwi the principle of self-management or Māori control and enjoyment of those resources and taonga they wish to retain. |
Responsibility to actively protect Māori rights to rangatiratanga in your actions and decisions. |
The principle of equality (Article 3) - guarantees legal equality between Māori and all other New Zealand citizens, essentially ensuring equal access to resources and participation in systems and processes. |
Responsibility to ensure Māori have equal access to your service and in your decision-making processes.
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The principle of co-operation - the Treaty establishes New Zealand as a bicultural country and values cultural differences while encouraging the development of a common purpose and co-operation. |
Responsibility to actively consult and ideally to work in partnership with Māori, to create shared understandings and work together for common goals. |
The principle of redress - the Crown has accepted the responsibility of providing a process for the resolution of grievances arising from the Treaty through the Waitangi Tribunal and Māori Land Court. |
Responsibility to provide opportunity for redress of past injustices through current actions, in particular, by ensuring no further injustice occurs. |
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