Health and Safety in Employment Act 1992

54C Extension of time for person other than inspector to file charging document
  • (1) This section applies if—

    • (a) an inspector or another person has not taken enforcement action in respect of a matter; and

    • (b) WorkSafe has notified relevant persons under section 54(2)(a) that an inspector has not and will not take enforcement action against any possible defendant in respect of the matter.

    (2) On application, the District Court may extend the time for a person other than an inspector to file a charging document.

    (3) An application under subsection (2) must be made within 1 month after receiving notice from WorkSafe under subsection (1)(b).

    (4) The court must not grant an extension of time unless it is satisfied—

    • (a) that another person wishes to decide whether to file a charging document in respect of that matter; and

    • (b) it is unreasonable, having regard to the time taken by an inspector to respond to the matter, to expect, or to have expected, the person to make that decision before the 6-month period referred to in section 54B expires; and

    • (c) an application under section 54D has not been made.

    (5) The court must give the following persons an opportunity to be heard:

    • (a) the person seeking the extension:

    • (b) any proposed defendant:

    • (c) any other person who has an interest in whether or not a charging document should be filed, being a person described in section 54(1).

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

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

    Section 54C(1)(b): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

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

    Section 54C(3): amended, on 16 December 2013, by section 22 of the WorkSafe New Zealand Act 2013 (2013 No 94).

    Section 54C(4)(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 54C(5)(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).