Health and Safety at Work Act 2015

Enforcement and other matters - Sentencing for offences

154: Orders for restoration

You could also call this:

“Court can order you to fix health and safety breaches”

If you do something wrong that breaks health and safety laws, a court can tell you to fix the problem. The court will give you a list of things to do and tell you when you need to do them by. You have to be able to fix the problem yourself.

If you need more time to fix the problem, you can ask the court for extra time. But you have to ask before the time is up.

The court can’t tell you to fix something if they’ve already told you to pay money to make up for it under section 32 of the Sentencing Act 2002.

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 It might be out of date or be missing some parts.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=DLM5977131.

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

Previous

153: Adverse publicity orders, or

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


Next

155: Work health and safety project orders, or

“Courts can order safety projects to improve workplace health”

Part 4 Enforcement and other matters
Sentencing for offences

154Orders for restoration

  1. A court may make an order requiring an offender to take the specified steps, within a specified period, to remedy any matter caused by the commission of the offence that appears to the court to be within the offender's power to remedy.

  2. The period in which an order under this section must be complied with may be extended, or further extended, by order of the court, but only if an application for the extension is made before the expiry of that period.

  3. The court may not make an order under this section for any matter in respect of which an order for reparation is made under section 32 of the Sentencing Act 2002.

Compare