Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - Sentencing for offences

152: Order for payment of regulator's costs in bringing prosecution

You could also call this:

“Court can order offenders to pay for prosecution costs”

If you break the law, the court can make you pay for the costs of your prosecution. This means you might have to pay for the investigation and other related expenses. The court will decide how much you should pay, based on what they think is fair and reasonable.

If the court tells you to pay these costs, they won’t make you pay any other court costs. This is because there’s a special rule that says you can’t be charged twice for the same thing.

Sometimes, the person who broke the law might work for a government organisation. If this happens and the court says they need to pay, the money will come from that organisation’s funds, not from the person themselves.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977128.

Topics:
Crime and justice > Courts and legal help
Work and jobs > Worker rights
Work and jobs > Workplace safety
Previous

151: Sentencing criteria, or

“How courts decide on penalties for health and safety violations”

Next

153: Adverse publicity orders, or

“Court can order businesses to publicly announce health and safety law breaches”

Part 4 Enforcement and other matters
Sentencing for offences

152Order for payment of regulator's costs in bringing prosecution

  1. On the application of the regulator, the court may order the offender to pay to the regulator a sum that it thinks just and reasonable towards the costs of the prosecution (including the costs of investigating the offending and any associated costs).

  2. If the court makes an order under subsection (1), it must not make an order under section 4 of the Costs in Criminal Cases Act 1967.

  3. If the court makes an order under subsection (1) in respect of a Crown organisation, any costs and fees awarded must be paid from the funds of that organisation.

Compare