Supporting better health & safety outcomes

If your organisation is being investigated under the Health and Safety at Work Act 2015 (HSWA), you may have more options than you think.

An Enforceable undertaking (EU) is a legally binding agreement between your organisation and the regulator, such as WorkSafe NZ, Maritime NZ, or the Civil Aviation Authority. It allows you to address a potential breach by committing to improving health and safety practices, providing amends, supporting workers and your industry, without going through the court or admitting guilt.

At Anthony Harper, we can guide you through the EU process and help protect your organisation and your people.

What is an enforceable undertaking?

An EU is an alternative resolution option available if your organisation is facing prosecution for alleged breaches of the HSWA.

Instead of taking an organisation to court, the regulator may accept a formal agreement (EU) in which the organisation:

• Commits to specific health and safety improvements
• Provides support or amends to any affected individuals
• Invests in initiatives that benefit workers, the industry, and the wider community

These commitments must be completed within set timeframes and are legally enforceable. If an EU is breached, penalties may follow - including court orders, fines, or compensation to the regulator.

Why regulators use EUs

EUs can be used to achieve better safety outcomes faster and more effectively than a costly and lengthy court process. They allow regulators to:

• Secure real improvements in workplace safety
• Focus resources into preventing harm
• Align with their strategic goals in making workplaces safer- while still holding organisations accountable

Importantly, they do all this without requiring an admission of guilt from the business involved, allowing the organisation to focus on what will make a real difference.

How we can help you

If you’re facing a potential prosecution under the HSWA, you don’t need to face it alone. Our team at Anthony Harper has the expertise to:

• Advise you on whether an enforceable undertaking is a suitable option
• Help you prepare a strong, strategic application
• Guide you through the negotiation process with the regulator
• Support you in developing a credible plan that aligns with legal requirements and your organisation's goals

We understand what regulators are looking for, and how to present your case in a way that maximises your chance of success.

Act early

Timing is key. Enforceable undertakings are only available before a court makes a decision. If your organisation is under investigation, or facing prosecution, please contact our Health and Safety experts. By acting early, the more options you may have.

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