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Health and Safety at Work Act 2015

Health and safety at work - Application of Act

6: Enforcement of Act against the Crown

You could also call this:

“How the Act applies to government organisations”

This law talks about how the Health and Safety at Work Act 2015 applies to the government, which is called “the Crown” in legal terms. The Act can only be enforced against the Crown in specific ways.

You can take legal action against a part of the government, but only if it’s a “Crown organisation”. When you do this, you have to name the specific organisation, not just “the Crown”. You also have to follow the rules in the Crown Organisations (Criminal Liability) Act 2002.

If the government breaks a rule in this Act, you can give them an infringement notice. But this only works if it’s a Crown organisation, if you could take them to court for the same thing, and if you give the notice directly to that organisation.

You can also ask a court to stop a Crown organisation from doing something (called an injunction) or make them do something. But you have to name the specific organisation, not just “the Crown”.

Lastly, if you need to give any other kind of notice under this Act to a part of the government, you can only do it if it’s a Crown organisation and you give the notice directly to that organisation.

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 It might be out of date or be missing some parts.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=DLM6544102.

Topics:
Work and jobs > Workplace safety
Government and voting > Government departments
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5: Application of Act to the Crown, or

“How the Health and Safety at Work Act applies to the government”

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7: Application of Act to Armed Forces, or

“How health and safety rules apply to the Armed Forces”

Part 1 Health and safety at work
Application of Act

6Enforcement of Act against the Crown

  1. This Act may be enforced against the Crown only in the manner provided in this section.

  2. An instrument of the Crown may be prosecuted for an offence against this Act, but only if—

  3. it is a Crown organisation; and
    1. the proceedings are commenced—
      1. against the Crown organisation in its own name and the proceedings do not cite the Crown as a defendant; and
        1. in accordance with the Crown Organisations (Criminal Liability) Act 2002.

        2. An infringement notice may be served on an instrument of the Crown, in accordance with this Act, but only if—

        3. it is a Crown organisation; and
          1. it is liable to be proceeded against for the alleged offence under subsection (2); and
            1. the notice is served on the Crown organisation in its own name.

              1. Despite section 17(1)(a) of the Crown Proceedings Act 1950, an injunction may be granted or another order made against an instrument of the Crown, in accordance with this Act, but only if—

              2. it is a Crown organisation; and
                1. the order or injunction is made against the Crown organisation in its own name.

                  1. A notice issued under this Act may be issued against an instrument of the Crown, in accordance with this Act, but only if—

                  2. it is a Crown organisation; and
                    1. it is issued against the Crown organisation in its own name.

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