Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
49: Offence of failing to comply with duty
or “Penalties for not meeting workplace health and safety responsibilities”
You could also call this:

“Officers can be held responsible for breaching their duties, even if their organisation isn't”

If you are an officer of a PCBU (which stands for a person conducting a business or undertaking), you can be found guilty of breaking section 44 of the law. This can happen even if the PCBU itself hasn’t been found guilty of breaking any rules in this Act about its duties or obligations. This means that you, as an officer, might get in trouble for not following the law, even if the business or organisation you work for doesn’t get in trouble.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

Next up: 51: Liability of volunteers

or “Volunteers are not liable for most offences but must follow worker and workplace safety rules”
Next

Part 2 Health and safety duties
Offences relating to duties: Specific provisions relating to liability of certain persons

50Liability of officers

  1. An officer of a PCBU may be convicted or found guilty of an offence against section 44 whether or not the PCBU has been convicted or found guilty of an offence under this Act relating to the duty or obligation.

Compare