Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - Enforceable undertakings

126: Compliance with enforceable undertaking

You could also call this:

“You must follow through on your health and safety promises”

If you give an enforceable undertaking, you must follow it. An enforceable undertaking is a promise you make to fix a health and safety problem. You can’t break this promise while it’s active.

If you do break your promise, you’re breaking the law. This is called contravening an enforceable undertaking. If you’re found guilty of this, you could be fined. The amount of the fine depends on whether you’re an individual or a company.

If you’re an individual, you might have to pay up to $50,000. If you’re a company or any other type of organisation, you might have to pay up to $250,000.

Remember, it’s important to keep your promises, especially when it comes to health and safety at work.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977083.

Topics:
Work and jobs > Workplace safety
Crime and justice > Criminal law
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125: When enforceable undertaking is enforceable, or

“When an enforceable undertaking becomes active and can be enforced”

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127: Contravention of enforceable undertaking, or

“Consequences for breaking a workplace safety promise”

Part 4 Enforcement and other matters
Enforceable undertakings

126Compliance with enforceable undertaking

  1. A person must not contravene an enforceable undertaking given by that person that is in force.

  2. A person who contravenes subsection (1) commits an offence and is liable on conviction,—

  3. for an individual, to a fine not exceeding $50,000:
    1. for any other person, to a fine not exceeding $250,000.

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