Enforceable Undertakings

Enforceable Undertakings are an alternative to prosecution when a duty holder has breached (including an alleged breach) Part 4 of the Health and Safety at Work Act 2015 (HSWA).

Enforceable Undertakings are a way for a duty holder to voluntarily make a binding agreement with Maritime New Zealand to take action for any breach they have made under HSWA.

Accepted Enforceable Undertakings

Pegasus Fishing Limited and Antony Threadwell

6 May 2022

Maritime NZ has accepted an Enforceable Undertaking (EU) from Pegasus Fishing Limited and its Director, Antony Threadwell after a collision outside the entrance to Lyttelton in January 2020 between a 180-metre bulk carrier, Rose Harmony, and a 24-metre fishing vessel, Leila Jo, operated by Pegasus.

Pegasus Fishing Limited and Antony Threadwell[PDF: 3.9MB, 21 pages]

KiwiRail - Kaiarahi

7 April 2021

Maritime NZ has accepted an Enforceable Undertaking (EU) from KiwiRail as the result of an incident on the Kaiarahi Interislander ferry in April 2019.

KiwiRail - Kaiarahi[PDF: 2.8MB, 29 pages]

ISO Limited - Pakhoi

15 October 2020

Maritime NZ has accepted an enforceable undertaking (EU) from ISO Limited after an incident on 19th December 2017 at Port of Tauranga.

ISO Limited - Pakhoi[PDF: 3.48MB, 26 pages]

Guidelines

The guideline provides additional information on the process and should be read in conjunction with the operational policy document.

Enforceable Undertakings Practice Guide[PDF: 667kB, 16 pages] Enforceable Undertakings Operational Policy[PDF: 247kB, 13 pages]
Related information:
Health and Safety for mariners.

Health and Safety

A guide for mariners

This guide provides information about your responsibilities under the Health and Safety at Work Act (HSWA) 2015.

[PDF: 3.01Mb, 72 pages]

Download
 

Contact us

Got a question about how the Health and Safety at Work Act applies to your business?

Email:

EnforceableUndertakings@maritimenz.govt.nz