Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - Enforceable undertakings

123: Regulator may accept enforceable undertakings

You could also call this:

“The WorkSafe boss can agree to let someone fix their safety mistake without going to court”

The regulator can accept a written promise from someone who may have broken the Health and Safety at Work Act 2015 or its rules. This promise is called an enforceable undertaking. The regulator might say no to this promise if it doesn’t include paying back the regulator’s reasonable costs and expenses. These costs can include money spent on the regulator’s employees, agents, or contractors.

The regulator can still say no to the promise for other reasons, even if it does include paying back costs. The regulator must not accept a promise if they think the person’s actions would be a serious offence under section 47 of the Act.

When someone makes this promise, it doesn’t mean they’re saying they’re guilty of breaking the rules. It’s just an agreement to do certain things to make up for what might have happened.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

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

Topics:
Work and jobs > Workplace safety
Previous

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

"Court can enforce notices if you don't follow them"

Next

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. However, the regulator may refuse to accept an enforceable undertaking if it does not provide for the reimbursement of any reasonable costs and expenses of the regulator incurred in relation to—

  3. the undertaking; and
    1. the contravention or alleged contravention.

      1. To avoid doubt, the costs and expenses of the regulator include any costs or expenses incurred in relation to an employee, agent, or contractor of the regulator.

      2. Subsection (1A) does not limit the discretion of the regulator to refuse to accept an enforceable undertaking.

      3. 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.

      4. 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.

      Notes
      • Section 123(1A): inserted, on , by section 17 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
      • Section 123(1B): inserted, on , by section 17 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
      • Section 123(1C): inserted, on , by section 17 of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).