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Health and Safety at Work Act 2015

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

149: Certain proceedings may be brought after end of limitation period if fresh evidence discovered

You could also call this:

“New evidence can allow certain legal cases after normal deadlines”

You can still bring certain legal proceedings even after the usual time limit has passed if new evidence is found. This applies to two specific types of cases. The first type is for offences against section 47. The second type is for offences against section 48 that involve someone’s death. To use this exception, you must show the court that the new evidence is relevant to the offence and that you couldn’t have reasonably found it within the normal time limit. This rule exists despite what sections 146, 147, or 148 might say about time limits for legal proceedings.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6544158.

Topics:
Crime and justice > Criminal law
Crime and justice > Courts and legal help
Work and jobs > Workplace safety
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148: Limitation period for private prosecutions, or

“Time limits for non-regulators to start legal action for health and safety offences”

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150: Application of subpart, or

“When this part of the law applies to you after a court decision”

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

149Certain proceedings may be brought after end of limitation period if fresh evidence discovered

  1. Despite anything in section 146, 147, or 148, the following proceedings may be brought after the end of the applicable limitation period if fresh evidence relevant to the offence is discovered and the court is satisfied that the evidence could not reasonably have been discovered within that period:

  2. proceedings for an offence against section 47:
    1. proceedings for an offence against section 48 that relates to the death of a person.

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