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Health and Safety at Work Act 2015

Miscellaneous provisions - Administration - Designated agencies

193: Proceedings not to be questioned for want of form

You could also call this:

“Small mistakes in paperwork or procedure don't automatically cancel legal actions”

If a regulator or inspector makes a mistake in their paperwork or does something that’s not part of their job, you can’t automatically cancel their actions or any court cases because of it. The court will only stop these actions or cases if they think the mistake caused an unfair result. This means that even if there are small errors or things left out in the documents, or if the regulator or inspector did something they weren’t supposed to do, everything they did will usually still count unless it led to a really unfair outcome.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5977185.

Topics:
Work and jobs > Worker rights
Work and jobs > Workplace safety
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192: Role of designated agencies, or

“Special groups need permission to do certain jobs and can only do their assigned work”

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194: Designated agency must give effect to joint policy directions, or

“Government agencies must follow joint ministerial directions for health and safety work”

Part 5 Miscellaneous provisions
Administration: Designated agencies

193Proceedings not to be questioned for want of form

  1. No action by a regulator or an inspector and no process or proceedings may be dismissed, set aside, or held invalid by any court by reason only of a regulator or the inspector acting outside its scope of designation or of any defect, irregularity, omission, or want of form unless the court is satisfied that there has been a miscarriage of justice.

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