Plain language law

New Zealand law explained for everyone

Health and Safety at Work Act 2015

Enforcement and other matters - Criminal proceedings - Limitation periods for prosecutions

146: Limitation period for prosecutions brought by regulator

You could also call this:

“Time limits for regulators to prosecute health and safety law breaches”

You can be prosecuted for breaking this law within certain time limits. The regulator, who enforces the law, can start legal action against you within the latest of these periods:

Within 12 months after the regulator finds out about the incident or situation that broke the law, or when they should have reasonably known about it.

Within 6 months after a coroner signs a certificate of findings about a death, if it looks like this law was broken based on those findings.

If you made a promise to fix the problem (called an enforceable undertaking), the regulator has 6 months to act after: you break that promise, they find out you broke it, or they agree to let you take back your promise.

There’s another rule in section 147 that affects the 12-month time limit, so you should check that too.

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 It might be out of date or be missing some parts.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=DLM6544155.

Topics:
Work and jobs > Workplace safety
Crime and justice > Criminal law
Previous

145: Continuing or repeated matters, or

“Repeated safety issues can lead to multiple enforcement actions”

Next

147: Extension of time if regulator needs longer to decide whether to bring prosecution, or

“Regulator can ask court for more time to decide on charges”

Part 4 Enforcement and other matters
Criminal proceedings: Limitation periods for prosecutions

146Limitation period for prosecutions brought by regulator

  1. Despite section 25 of the Criminal Procedure Act 2011, proceedings for an offence under this Act may be brought by the regulator within the latest of the following periods to occur:

  2. within 12 months after the date on which the incident, situation, or set of circumstances to which the offence relates first became known, or ought reasonably to have become known, to the regulator:
    1. within 6 months after the date on which a coroner completes and signs a certificate of findings under section 94 of the Coroners Act 2006 if it appears from the certificate of findings (or the proceedings of an inquiry) that an offence has been committed under this Act:
      1. if an enforceable undertaking has been given in relation to the offence, within 6 months after—
        1. the enforceable undertaking is contravened; or
          1. it comes to the notice of the regulator that the enforceable undertaking has been contravened; or
            1. the regulator has agreed under section 128 to the withdrawal of the enforceable undertaking.

            2. Subsection (1)(a) is subject to section 147.

            Compare