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StatuteHealth and Safety at Work Act 2015

Section 146 — Health and Safety at Work Act 2015: Limitation period for prosecutions brought by regulator

Text of the provision Official document

146 Limitation 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: (a) 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: (b) 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: (c) if an enforceable undertaking has been given in relation to the offence, within 6 months after— (i) the enforceable undertaking is contravened; or (ii) it comes to the notice of the regulator that the enforceable undertaking has been contravened; or (iii) the regulator has agreed under section 128 to the withdrawal of the enforceable undertaking. (2) Subsection (1)(a) is subject to section 147 . Compare: 1992 No 96 s 54B ; Model Work Health and Safety Act (Aust) s 232

Official source: legislation.govt.nz

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Statutory text from an official public source. Informational content — does not replace advice from a qualified lawyer.