Social Workers Registration Act 2003

Miscellaneous, transitional, and consequential provisions - Miscellaneous provisions

148: Offences

You could also call this:

"Breaking the rules as a social worker can lead to fines or prison time"

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If you try to get registered or a practising certificate by lying or giving false information, you can get in trouble. You could go to prison for up to 12 months or get a fine of up to $10,000, or both. This happens if you make a false declaration or use a fake document.

If you break certain rules, like those in section 6AA(1) or (2), you can get a fine or go to prison. You can also get in trouble if you claim to be a social worker when you are not, or if you say you have a practising certificate when you do not. You might get a fine of up to $10,000 or go to prison for up to 3 months.

If you share confidential information, like in section 46(1), you can get a fine of up to $2,000. You can also get a fine if you do not follow a production notice under section 68B, or if you give false information. Additionally, if you publish suppressed information, like in section 79(2)(b) to (d) or section 80(6), you can get a fine of up to $2,000.

If you do not follow a notice given under section 147A, or if you give false information, you can get a fine of up to $2,000. These are all things you should be aware of when it comes to the rules for social workers.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM190653.


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Part 8Miscellaneous, transitional, and consequential provisions
Miscellaneous provisions

148Offences

  1. Every person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 12 months or a fine not exceeding $10,000 or both, who, for the purpose of obtaining registration or a practising certificate (for the person or for any other person),—

  2. makes an oral or written declaration or representation that, to the person’s knowledge, is false or misleading in a material particular; or
    1. produces a document to the Board, or otherwise uses a document, knowing that it contains a declaration or representation that, to the person’s knowledge, is false or misleading in a material particular; or
      1. produces a document to the Board, or otherwise uses a document, knowing that it is not genuine.
        1. A person who knowingly contravenes section 6AA(1) or (2) commits an offence and is liable on conviction to a term of imprisonment not exceeding 3 months or a fine not exceeding $10,000, or both.

        2. A person who knowingly contravenes section 6AA(3) commits an offence and is liable on conviction to a fine not exceeding $10,000.

        3. A person commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000, or both, if they hold an employee or a professional associate out as a social worker, knowing that the employee or associate—

        4. is not a social worker registered under this Act; or
          1. is a social worker registered under this Act—
            1. whose registration is suspended; or
              1. who does not hold a current practising certificate; or
                1. who holds a current practising certificate that is suspended.
                2. A social worker commits an offence, and is liable on conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding $10,000 or both, who—

                3. holds themselves out as holding a current practising certificate when—
                  1. the social worker does not hold a current practising certificate; or
                    1. the social worker’s current practising certificate is suspended; or
                    2. fails or refuses to comply with a condition imposed by the Board or the Tribunal in their individual scope of practice.
                      1. A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they disclose information in breach of section 46(1).

                      2. A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they receive a production notice under section 68B and—

                      3. refuse or fail without reasonable excuse to comply with the notice; or
                        1. knowingly or recklessly provide information that is false or misleading in any material particular.
                          1. A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they intentionally and without lawful excuse publish any information in breach of a suppression order made under section 79(2)(b) to (d) or in breach of section 80(6).

                          2. A person commits an offence, and is liable on conviction to a fine not exceeding $2,000, if they—

                          3. refuse or fail, without reasonable excuse, to comply with a notice given under section 147A to the extent that they are capable of complying with it; or
                            1. purport to comply with a notice given under section 147A by knowingly or recklessly giving information that is false or misleading in a material particular.
                              Notes
                              • Section 148(1): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 148(1): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 148(1)(a): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 148(1)(b): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 148(2): replaced, on , by section 142(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(3): replaced, on , by section 142(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(4): replaced, on , by section 141(1) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(5): amended, on , by section 141(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(5): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 148(5)(a): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 148(5)(a)(i): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 148(5)(a)(ii): amended, on , by section 23 of the Social Workers Registration Amendment Act 2025 (2025 No 17).
                              • Section 148(5)(b): replaced, on , by section 142(2) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(6): inserted, on , by section 141(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(7): inserted, on , by section 141(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(8): inserted, on , by section 141(4) of the Social Workers Registration Legislation Act 2019 (2019 No 3).
                              • Section 148(9): inserted, on , by section 142(3) of the Social Workers Registration Legislation Act 2019 (2019 No 3).