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Health and Safety at Work Act 2015

Enforcement and other matters - Enforcement measures - Prohibition notices

107: Compliance with prohibition notice

You could also call this:

“You must follow prohibition notices or face penalties”

You must follow the directions given to you under section 105(2) or any prohibition notice you receive. If you don’t follow these, you’re breaking the law.

If you don’t follow the direction or notice, you can be charged with a crime. If found guilty, you’ll have to pay a fine. If you’re an individual, the fine can be up to $100,000. For any other type of person (like a company), the fine can be up to $500,000.

However, if the prohibition notice includes recommendations, you won’t be breaking the law if you don’t follow those recommendations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977060.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Crime and justice > Criminal law
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“What information is included in a prohibition notice”

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Part 4 Enforcement and other matters
Enforcement measures: Prohibition notices

107Compliance with prohibition notice

  1. A person to whom a direction is given under section 105(2) or to whom a prohibition notice is issued must comply with the direction or notice.

  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.

      1. It is not an offence to fail to comply with recommendations in a prohibition notice.

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