Health and Safety in Employment Act 1992

Insurance against fines unlawful and of no effect

  • Heading: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).

56I Insurance against fines unlawful and of no effect
  • (1) To the extent that an insurance policy or contract of insurance indemnifies or purports to indemnify a person for the person's liability to pay a fine or an infringement fee under this Act,—

    • (a) the policy or contract is of no effect; and

    • (b) no court or tribunal has jurisdiction to grant relief in respect of the policy or contract, whether under section 7 of the Illegal Contracts Act 1970 or otherwise.

    (2) A person must not—

    • (a) enter into, or offer to enter into, a policy or contract described in subsection (1); or

    • (b) indemnify, or offer to indemnify, another person for the other person's liability to pay a fine or an infringement fee under this Act; or

    • (c) be indemnified, or agree to be indemnified, by another person for that person's liability to pay a fine or an infringement fee under this Act; or

    • (d) pay to another person, or receive from another person, an indemnity for a fine or an infringement fee under this Act.

    (3) If an insurance policy or contract of insurance described in subsection (1) exists at the date of commencement of this section,—

    • (a) subsections (1) and (2)(c) and (d) apply to it from that date; and

    • (b) this section does not prevent the parties to it agreeing to the refund of an amount of the premium.

    Section 56I: inserted, on 5 May 2003, by section 29 of the Health and Safety in Employment Amendment Act 2002 (2002 No 86).