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Health and Safety at Work Act 2015

Enforcement and other matters - Enforceable undertakings

123: Regulator may accept enforceable undertakings

You could also call this:

“WorkSafe can accept written commitments to fix health and safety issues”

The regulator can accept a written promise from you if you have broken or are thought to have broken the Health and Safety at Work Act 2015 or its rules. This promise is called an enforceable undertaking.

The regulator can’t accept your promise if they think your actions might be a crime under section 47 of the Act.

If you make this promise, it doesn’t mean you’re saying you’re guilty of doing something wrong. The promise is just about the specific issue that you might have broken the rules on.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977080.

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122: Civil proceedings relating to non-compliance with notice, or

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

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124: Notice of decision and reasons for decision, or

“Regulator must notify you and publish their decision on your enforceable undertaking”

Part 4 Enforcement and other matters
Enforceable undertakings

123Regulator may accept enforceable undertakings

  1. The regulator may accept an enforceable undertaking given by a person in writing in connection with a matter relating to a contravention or an alleged contravention by the person of this Act or regulations.

  2. The regulator must not accept an enforceable undertaking under subsection (1) if the regulator believes that the contravention or alleged contravention would amount to an offence against section 47.

  3. The giving of an enforceable undertaking does not constitute an admission of guilt by the person giving it in relation to the contravention or alleged contravention to which the undertaking relates.

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