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Health and Safety at Work Act 2015

Enforcement and other matters - Infringement offences

137: Proceedings for infringement offence

You could also call this:

“How legal action is taken for breaking health and safety rules”

If you’re said to have committed an infringement offence, there are two ways things can go. First, someone can file a charging document against you. This is done under section 14 of the Criminal Procedure Act 2011. Second, you might get an infringement notice. This is explained in section 138 of this act.

If they choose the first way and file a charging document, they don’t need to get special permission from a District Court Judge or Registrar. Usually, this permission is needed under section 21(1)(a) of the Summary Proceedings Act 1957, but not in this case.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977109.

Topics:
Work and jobs > Workplace safety
Crime and justice > Criminal law
Crime and justice > Courts and legal help
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136: Interpretation, or

“Words and terms used in this law are explained”

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138: Infringement notices, or

“Getting a warning or ticket for minor rule breaches”

Part 4 Enforcement and other matters
Infringement offences

137Proceedings for infringement offence

  1. A person who is alleged to have committed an infringement offence may either—

  2. be proceeded against by the filing of a charging document under section 14 of the Criminal Procedure Act 2011; or
    1. be served with an infringement notice under section 138.

      1. Proceedings commenced in the way described in subsection (1)(a) do not require the leave of a District Court Judge or Registrar under section 21(1)(a) of the Summary Proceedings Act 1957.