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Health and Safety at Work Act 2015

Worker engagement, participation, and representation - Prohibition of adverse, coercive, or misleading conduct

93: Misrepresentation

You could also call this:

“Don't lie about health and safety rights or processes”

You must not lie or mislead someone about their rights or what they can do under the Health and Safety at Work Act. This includes telling them false information about what they’re allowed to do, how they can take part in processes or proceedings, or how they can make complaints or ask questions to people who make sure the Act is followed.

If you tell someone something that’s not true, but you wouldn’t expect them to believe it anyway, then you haven’t broken this rule.

If you do lie or mislead someone on purpose, you’re committing an offence. If you’re found guilty, you could be fined. If you’re an individual, the fine could be up to $100,000. If you’re a company or organisation, the fine could be up to $500,000.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977035.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Crime and justice > Criminal law
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92: Prohibition on coercion or inducement, or

“You can't force or pressure others about health and safety duties”

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94: Proof of adverse conduct, or

“How to prove unfair treatment due to health and safety concerns at work”

Part 3 Worker engagement, participation, and representation
Prohibition of adverse, coercive, or misleading conduct

93Misrepresentation

  1. A person must not knowingly or recklessly make a false or misleading representation to another person about that other person's—

  2. rights or obligations under this Act; or
    1. ability to initiate, or participate in, a process or proceedings under this Act; or
      1. ability to make a complaint or an inquiry to a person or body empowered under this Act to seek compliance with this Act.

        1. Subsection (1) does not apply if the person to whom the representation is made would not be expected to rely on it.

        2. A person who contravenes subsection (1) commits an offence and is liable on conviction,—

        3. for an individual, to a fine not exceeding $100,000:
          1. for any other person, to a fine not exceeding $500,000.

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