Inspector powers, the notices they can issue, and how to respond
A WorkSafe inspector can enter your workplace, inspect and ask questions, and issue notices. An improvement notice tells you to fix a breach within a set time; a prohibition notice stops a seriously risky activity immediately. Not complying with a notice is an offence. A trained Health and Safety Representative can also issue a provisional improvement notice.
A WorkSafe inspector has broad powers to enter a workplace at any reasonable time and find out whether the law is being met.
Inspectors can carry out tests, inquiries, inspections and examinations; take photographs, measurements and samples; require people to answer questions and produce documents; and bring in any equipment or assistance they need. An inspection might be routine, triggered by a complaint or a notifiable event, or part of a targeted campaign in a particular industry. For most work, the regulator is WorkSafe New Zealand, but some sectors have a designated agency instead — Maritime New Zealand for ships, and the Civil Aviation Authority for aircraft.
If an inspector finds a problem, they have a range of formal notices, from a deadline to fix something through to an immediate stop on the work.
| Notice | What it does |
|---|---|
| Improvement notice (ss101–104) | Requires you to fix a breach, or likely breach, of the HSWA or regulations. It describes the problem and sets a reasonable deadline to remedy it. |
| Prohibition notice (ss105–107) | Requires an activity to stop because it involves, or will involve, a serious risk to health or safety. It takes effect immediately and the activity cannot resume until the matter is fixed. |
| Non-disturbance notice (ss108–111) | Requires a site or thing to be left undisturbed for a period so the inspector can carry out their work. |
| Infringement notice | An “on the spot” fine for certain straightforward offences. |
It is an offence to fail to comply with a notice, to fail to display a notice where the work is carried out, or to remove or deface a notice that is still in force. A prohibition notice is the most serious: it stops work until the risk is dealt with.
A trained Health and Safety Representative can issue a provisional improvement notice (PIN) when they reasonably believe a duty holder is breaching, or is likely to breach, the HSWA or its regulations.
A PIN describes the issue, can recommend how to fix it, and sets a timeframe. The HSR must consult the person or business first, and cannot issue a PIN if a WorkSafe inspector has already issued an improvement or prohibition notice about the same matter. If you receive a PIN, you can ask WorkSafe to review it within seven days. If WorkSafe confirms the PIN, it is then treated as an inspector's improvement notice.
Notices are not the only tool. WorkSafe can also accept an enforceable undertaking, or prosecute.
An enforceable undertaking is a legally binding agreement between WorkSafe and a duty holder, generally used as an alternative to prosecution, in which the business commits to specific actions. For more serious matters, WorkSafe can file charges, which may lead a court to impose fines or other sanctions. Penalties for the underlying duty offences run up to $3 million for an organisation and, for individuals, up to $600,000 and five years' imprisonment — see our compliance and penalties guide for the full tiers.
Cooperate, act on what you are told, and keep records of what you did.
The businesses that come through an inspection well are usually the ones that already had their hazards, risks and records in order before the inspector arrived.
Keep the records and evidence an inspection asks for in one tidy system. Book a demo and we'll show you how it works — free 30-day trial included.
An improvement notice requires you to fix a breach, or likely breach, within a set timeframe, while the work can usually continue. A prohibition notice is more serious: it requires an activity that involves a serious risk to stop immediately, and the activity cannot resume until the risk is dealt with.
Yes. Inspectors can enter a workplace at any reasonable time to carry out inspections, tests and inquiries, take photographs and samples, and require information and documents. Obstructing an inspector is an offence.
A PIN is a notice a trained Health and Safety Representative can issue when they reasonably believe a duty holder is breaching, or is likely to breach, the HSWA or its regulations. The HSR must consult first, and the recipient can ask WorkSafe to review the PIN within seven days.
Failing to comply with an improvement, prohibition or non-disturbance notice is an offence under the HSWA, as is failing to display a notice or removing or defacing one that is still in force. Continuing a prohibited activity is treated especially seriously.
An enforceable undertaking is a legally binding agreement between WorkSafe and a duty holder, generally used as an alternative to prosecution, in which the business commits to specific health and safety actions. If the commitments are not met, WorkSafe can enforce the undertaking.
