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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 informed about regulator actions on specific incidents”

You can tell the regulator if you want to know about any actions they might take about a specific incident, situation, or set of circumstances. You need to do this in the way the regulator says.

If you do this, the regulator must do two things. First, they need to find out if they or any other regulator has decided to take action about the incident, situation, or circumstances you’re interested in. They also need to check if any regulatory agency has decided to prosecute for the same thing.

After they’ve done this, the regulator must let you know in writing about the decision. However, they won’t tell you the reasons for the decision.

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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 > Worker rights
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. 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 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.

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