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Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Provisional improvement notices

77: Irregularities or defects in notice

You could also call this:

“Small mistakes don't make a notice invalid”

A provisional improvement notice is still valid even if it has some mistakes. These mistakes could be things like missing information, incorrect formatting, or other small errors. The notice remains valid as long as these errors don’t cause or aren’t likely to cause a big problem for anyone involved.

Also, if the notice doesn’t use the correct name of the person it’s meant for, it’s still okay. As long as the notice clearly shows who it’s for, even without using their exact name, it’s still valid.

The main idea is that small errors won’t make the notice invalid, as long as it’s clear who it’s for and what it’s about.

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 It might be out of date or be missing some parts.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=DLM5977008.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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76: Display of provisional improvement notice, or

“Display the improvement notice where workers can see it”

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78: Offence relating to breach of provisional improvement notice, or

“Penalties for not following a temporary safety improvement order”

Part 3 Worker engagement, participation, and representation
Provisional improvement notices

77Irregularities or defects in notice

  1. A provisional improvement notice is not invalid merely because of—

  2. any defect, irregularity, omission, or want of form unless the defect, irregularity, omission, or want of form causes or is likely to cause substantial injustice; or
    1. a failure to use the correct name of the person to whom the notice is issued if the notice sufficiently identifies the person.

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