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Health and Safety at Work Act 2015

Enforcement and other matters - Civil proceedings for non-compliance with notices

122: Civil proceedings relating to non-compliance with notice

You could also call this:

“Court can enforce notices if you don't follow them”

If you don’t follow a notice, the regulator can ask the District Court to make you do what the notice says. The court can order you to follow the notice or stop you from breaking it.

The court can make you follow the notice if you haven’t done what it says. It can also stop you from breaking the notice if you’re doing it now or might do it soon.

The court can make these orders even if no one has been charged with breaking the law about the notice. It can also make orders even if the time to follow the notice has run out.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977078.

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Part 4 Enforcement and other matters
Civil proceedings for non-compliance with notices

122Civil proceedings relating to non-compliance with notice

  1. On an application by the regulator, the District Court may make an order—

  2. compelling a person to comply with a notice; or
    1. restraining a person from contravening a notice.

      1. The court may make an order—

      2. under subsection (1)(a) if it is satisfied that the person has refused or failed to comply with a notice:
        1. under subsection (1)(b) if it is satisfied that the person has contravened, is contravening, or is likely to contravene a notice.

          1. The court may make an order under subsection (1)—

          2. whether or not proceedings have been brought for an offence against this Act or regulations in connection with any matter in relation to which the notice was issued; and
            1. whether or not the compliance period for the notice has expired.

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                Notes
                • Section 122(1): amended, on , by section 261 of the District Court Act 2016 (2016 No 49).