Health and Safety at Work Act 2015

Enforcement and other matters - Criminal proceedings

143: Prosecutions by regulator

You could also call this:

“Regulator's exclusive right to prosecute, with exceptions”

The regulator is the only one who can start a legal case against someone for breaking this law. This is called a prosecution. However, there’s an exception to this rule, which you can find in section 144. This section explains when someone else might be allowed to bring a case to court.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977120.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety

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

“You can ask to be informed about regulator actions on specific incidents”


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144: Private prosecutions, or

“Filing a private prosecution when regulators don't take action”

Part 4 Enforcement and other matters
Criminal proceedings

143Prosecutions by regulator

  1. Subject to section 144, a prosecution for an offence under this Act may be brought only by the regulator.

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