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Health and Safety at Work Act 2015

Enforcement and other matters - Criminal proceedings

142: Person may notify regulator of interest in knowing of enforcement action taken by regulator

You could also call this:

“You can ask to be told if the safety people take action about something”

You can tell the regulator that you want to know if they are taking action about something specific that happened. You need to tell them in the way they say you should.

If you do this, the regulator must try to find out if they or another regulator have decided to do something about it. They also need to check if any other important government agency is going to take legal action about it.

After they check, they will send you a letter to let you know what was decided. But they won’t tell you why the decision was made.

There are many important government agencies that the regulator might need to check with. These include the police, fire service, health ministry, and others that look after different parts of keeping people safe and healthy in New Zealand.

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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=DLM5977119.

Topics:
Work and jobs > Workplace safety
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141: Meaning of enforcement action, or

"What counts as taking action to enforce this law"

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143: Prosecutions by regulator, or

"Regulator's exclusive right to prosecute, with exceptions"

Part 4 Enforcement and other matters
Criminal proceedings

142Person may notify regulator of interest in knowing of enforcement action taken by regulator

  1. A person may notify the regulator in the manner determined by the regulator that the person has an interest in knowing whether a particular incident, situation, or set of circumstances has been, is, or is to be subject to the taking of enforcement action by the regulator.

  2. If the regulator receives a notification under subsection (1), the regulator must—

  3. make reasonable efforts to establish whether—
    1. it or any other regulator has made a decision to take any enforcement action in respect of the incident, situation, or set of circumstances; or
      1. any relevant regulatory agency has made a decision to take prosecution action in respect of the same incident, situation, or set of circumstances; and
      2. notify the person in writing of that decision, but not the reasons for the decision.

        1. In subsection (2), relevant regulatory agency means—

        2. a regulator under this Act:
          1. the CAA:
            1. the New Zealand Police:
              1. the New Zealand Transport Agency:
                1. Maritime New Zealand:
                  1. the EPA:
                    1. Fire and Emergency New Zealand:
                      1. the Ministry of Health:
                        1. ACC:
                          1. the Ministry of Business, Innovation, and Employment, including any statutory officer who carries out work for that agency:
                            1. a local authority of the region or district in which the particular incident, situation, or set of circumstances occurred or arose:
                              1. a medical officer of health for the health district in which the particular incident, situation, or set of circumstances occurred or arose:
                                1. an agency prescribed as a relevant regulatory agency for the incident, situation, or set of circumstances that has occurred or arisen.

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                                  Notes
                                  • Section 142(2)(a): amended, on , by section 18(1) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                                  • Section 142(2)(a)(ii): amended, on , by section 18(2) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).
                                  • Section 142(3): inserted, on , by section 18(3) of the Regulatory Systems (Immigration and Workforce) Amendment Act 2025 (2025 No 10).