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New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - Enforceable undertakings

129: Proceedings for alleged contravention

You could also call this:

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

If you have made a promise to follow certain rules (called an enforceable undertaking) about a situation where you might have broken the law, you cannot be taken to court for that situation while your promise is active. This applies to both civil and criminal cases.

If you have made this kind of promise and have fully kept your word, you cannot be taken to court for that situation at all.

The regulator (the person or group in charge of enforcing the rules) can accept your promise even if court proceedings have already started. If they do this, they must try their best to stop the court case as soon as they can.

Remember, an enforceable undertaking is a serious promise you make to follow certain rules. It’s a way to avoid going to court if you might have broken a health and safety law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977086.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
Crime and justice > Criminal law
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Part 4 Enforcement and other matters
Enforceable undertakings

129Proceedings for alleged contravention

  1. Subject to this section, no proceedings (whether civil or criminal) for a contravention or an alleged contravention of this Act or regulations may be brought against a person if an enforceable undertaking is in effect in relation to that contravention.

  2. No proceedings may be brought for a contravention or an alleged contravention of this Act or regulations against a person who—

  3. has made an enforceable undertaking in relation to that contravention; and
    1. has completely discharged the enforceable undertaking.

      1. The regulator may accept an enforceable undertaking in relation to a contravention or an alleged contravention before proceedings in relation to that contravention have been completed.

      2. If the regulator accepts an enforceable undertaking before the proceedings are completed, the regulator must take all reasonable steps to have the proceedings discontinued as soon as practicable.

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