Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Health and safety duties - Offences relating to duties - Other matters relating to offences

53: Actions taken to prevent harm

You could also call this:

“Protection from liability when trying to prevent harm to others”

If you harm someone while trying to protect them or someone else from harm, you won’t get in trouble under this law. This applies to everyone. If you’re a worker and you harm someone while trying to protect them or others, your employer won’t get in trouble either. This law recognises that sometimes you might need to take action to keep people safe, even if it means someone gets hurt in the process.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976935.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Crime and justice > Criminal law
Previous

52: Liability of certain office holders, or

“Certain elected or appointed officials are protected from health and safety liability”

Next

54: Proof of intention not required for certain offences, or

“You can be guilty of certain health and safety offences without intending to commit them”

Part 2 Health and safety duties
Offences relating to duties: Other matters relating to offences

53Actions taken to prevent harm

  1. Where a person (person A) harms another person (person B) by taking any action necessary to protect person B or any other person from harm,—

  2. person A does not commit an offence under this Act; and
    1. if person A is a worker, the PCBU for whom person A carries out work does not commit an offence under this Act.

      Compare