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Health and Safety at Work Act 2015

Enforcement and other matters - Enforcement measures - Prohibition notices

106: Content of prohibition notice

You could also call this:

“What information is included in a prohibition notice”

When an inspector gives you a prohibition notice, it must include certain information. The notice will explain why the inspector thinks there’s a problem and what that problem is. It will describe the activity or situation that the inspector believes is causing or will cause a risk. If the notice is about breaking a rule in the Health and Safety at Work Act or its regulations, it will tell you which rule is being broken or might be broken.

The prohibition notice might also give you some ideas on how to fix the problem or stop breaking the rules. These are just suggestions to help you.

The notice can stop you from doing an activity in a certain way. It might do this by telling you where you can’t do the activity, what things you can’t use for the activity, or what steps you can’t follow when doing the activity.

If you want to know more about prohibition notices, you can look at section 105 of the Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977059.

Topics:
Work and jobs > Workplace safety
Work and jobs > Worker rights
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105: Power to issue prohibition notice, or

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107: Compliance with prohibition notice, or

“You must follow prohibition notices or face penalties”

Part 4 Enforcement and other matters
Enforcement measures: Prohibition notices

106Content of prohibition notice

  1. A prohibition notice must—

  2. state that the inspector believes that grounds for the issue of the prohibition notice exist and the basis for that belief; and
    1. describe briefly the matter or activity that the inspector believes gives rise or will give rise to the risk; and
      1. in respect of a notice to which section 105(1)(b) applies, specify the provision of this Act or regulations that the inspector believes is being, or is likely to be, contravened by that matter or activity.

        1. A prohibition notice may include recommendations on the measures that could be taken to remedy the risk, activities, or matters to which the notice relates, or the contravention or likely contravention referred to in subsection (1)(c).

        2. Without limiting section 105, a prohibition notice that prohibits the carrying on of an activity in a specified way may do so by specifying 1 or more of the following:

        3. a workplace, or part of a workplace, at which the activity is not to be carried out:
          1. anything that is not to be used in connection with the activity:
            1. any procedure that is not to be followed in connection with the activity.

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