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

54: Proof of intention not required for certain offences

You could also call this:

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

When you’re accused of breaking certain health and safety laws, the people who are trying to prove you did something wrong don’t have to show that you meant to do it. This applies to two specific sections of the law: section 48 and section 49. If someone says you did something that broke these laws, they don’t need to prove that you intended to do that action. Also, if they say you didn’t do something you were supposed to do, they don’t need to prove that you meant not to do it. This means that even if you didn’t mean to break the law, you could still be found guilty if your actions (or lack of actions) went against these sections.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5976938.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Crime and justice > Criminal law
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Part 2 Health and safety duties
Offences relating to duties: Other matters relating to offences

54Proof of intention not required for certain offences

  1. In a matter involving a prosecution for an offence against section 48 or 49, it is not necessary to prove that the defendant—

  2. intended to take the action alleged to constitute the offence; or
    1. intended not to take an action, where the failure to take that action is alleged to constitute the offence.

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