Health and Safety in Employment Act 1992

54A Filing charging document
  • (1) An inspector may file a charging document in respect of an offence under this Act unless an infringement notice has been issued to the same defendant in respect of the same matter.

    (2) A person other than an inspector may file a charging document in respect of an offence under this Act only if—

    • (a) an inspector or another person has not taken enforcement action against any possible defendant in respect of the same matter; and

    • (b) an enforcement authority has not taken prosecution action under any other Act against any possible defendant in respect of the same incident, situation, or set of circumstances; and

    • (c) any person has received notification from WorkSafe under section 54(2) that an inspector has not and will not take enforcement action against any possible defendant in respect of the same matter.

    (3) Despite subsection (2)(b), a person may file a charging document even though an enforcement authority has taken prosecution action if—

    • (a) the person has leave of the court to file the charging document; and

    • (b) subsection (2)(a) and (c) is complied with.

    Section 54A: inserted, on 5 May 2003, by section 27 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

    Section 54A heading: replaced, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 54A(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 54A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 54A(2)(c): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

    Section 54A(3): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 54A(3)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).