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In what circumstances does the Minister expect WorkSafe to use: a. a formal warning, and b. a pre‑charge enforceable undertaking, instead of prosecution, and what guidance, if any, has she approved or noted to that effect?

Answered Question 3214 (2026)
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Asked by

Jan Tinetti

List MP · Labour Party

Question

  • In what circumstances does the Minister expect WorkSafe to use: a. a formal warning, and b. a pre‑charge enforceable undertaking, instead of prosecution, and what guidance, if any, has she approved or noted to that effect?

Answered by

Hon Brooke van Velden

Member for Tāmaki · ACT Party · Minister for Workplace Relations and Safety

Answer

I am advised that WorkSafe New Zealand will follow the Solicitor-General’s Prosecution Guidelines and its own policies when using a formal warning or a pre-charge enforceable undertaking instead of prosecution. I was provided for noting WorkSafe's How We Use Formal Warnings policy and Enforceable Undertakings policy before they were published on the WorkSafe website.