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Health and Safety at Work Act 2015

Enforcement and other matters - Enforcement measures - General provisions

115: Formal irregularities or defects in notice

You could also call this:

“Small errors don't invalidate a notice”

If you get a notice, it’s still valid even if it has some mistakes or problems. For example, if there’s something missing or it’s not in the right form, the notice is still okay as long as these issues don’t cause unfairness. Also, if the notice uses the wrong name for you but still clearly shows it’s meant for you and is given to you properly according to section 116, it’s still a valid notice. These small errors don’t make the notice invalid.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977070.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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114: Regulator may vary or cancel notice, or

“Regulator can change or cancel notices given by inspectors or health and safety medical practitioners”

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116: Issue of notice, or

“How notices can be given and received”

Part 4 Enforcement and other matters
Enforcement measures: General provisions

115Formal irregularities or defects in notice

  1. A notice is not invalid merely because of—

  2. any defect, irregularity, omission, or want of form in the notice unless the defect, irregularity, omission, or want of form causes or is likely to cause a miscarriage of justice; 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 and is issued to the person in accordance with section 116.

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