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Health and Safety at Work Act 2015

Enforcement and other matters - Enforceable undertakings

128: Withdrawal or variation of enforceable undertaking

You could also call this:

“How to withdraw or change an enforceable undertaking you've made”

If you have made an enforceable undertaking, you can ask the regulator to let you take it back or change it. The regulator needs to agree in writing before you can do this. You can’t change the undertaking to cover a different rule that you might have broken. This means you can only change how you’ll fix the original problem, not switch to a different problem. When you take back or change an undertaking, the regulator will put a notice about it on their website for everyone to see.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977085.

Topics:
Work and jobs > Workplace safety
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127: Contravention of enforceable undertaking, or

“Consequences for breaking a workplace safety promise”

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“Legal protection when you make and keep promises about safety breaches”

Part 4 Enforcement and other matters
Enforceable undertakings

128Withdrawal or variation of enforceable undertaking

  1. A person who has given an enforceable undertaking may at any time, with the written agreement of the regulator,—

  2. withdraw the undertaking; or
    1. vary the undertaking.

      1. However, the provisions of the undertaking cannot be varied to provide for a different alleged contravention of this Act or regulations.

      2. The regulator must publish on an Internet site maintained by or on behalf of the regulator notice of the withdrawal or variation of an enforceable undertaking.

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