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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22477
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My son died a year ago from a wrk accident in March this

Customer Question

My son died a year ago from a wrk accident in March this year the company was charged. The judges findings is that he wasn't trained am I able to lay charges on the person in charge who put my son in the situation that caused his death?
Submitted: 7 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 7 months ago.

Under the Health and Safety at Work Act you can bring a private prosecution for issues like this. and the act says-

144 Private prosecutions

(1) A person other than the regulator may file a charging document in respect of an offence under this Act if—

(a) the regulator has not taken, and does not intend to take, enforcement action against any person in respect of the same incident, situation, or set of circumstances; and

(b) a regulatory agency has not taken, and does not intend to take, prosecution action under any other Act against any person in respect of the same incident, situation, or set of circumstances; and

(c) any person has received notification from the regulator under section 142(2)(b) that neither the regulator nor a regulatory agency—

(i) has taken enforcement action or prosecution action against any person in respect of the same incident, situation, or set of circumstances; and

(ii) intends to take any enforcement action or prosecution action.

Expert:  Chris The Lawyer replied 7 months ago.

So you can ask the prosecutor if they have taken steps against him, and if they have not, then you could file the charging document. It may be sueful to get a lawyer to help with this however

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