3209 (2026). Hon Jan Tinetti to the Minister for Workplace Relations and Safety

3209 (2026). Hon Jan Tinetti to the Minister for Workplace Relations and Safety: How will WorkSafe demonstrate that its enforcement decisions are “focus[ed] on clear breaches and causation, while aligning with the Solicitor‑General’s Prosecution Guidelines”, and what performance measures will be used?

Hon Brooke van Velden: I am advised that under WorkSafe New Zealand’s refreshed policies, prosecution decision-making prioritises offending that results in death, serious injury or illness, or catastrophic harm, as well as reckless or negligent disregard of the law and poorly managed extreme or substantial risk. The prosecution decision-making process includes a legal review to determine whether the requirements for prosecution in the Solicitor-General’s Prosecution Guidelines are met. Whether WorkSafe has sufficiently demonstrated a clear breach, including causation, is ultimately a question to be determined by the courts, with outcomes generally being publicly available. WorkSafe has also adopted an SPE measure of 80% for the percentage of enforcement interventions resulting in a positive outcome or other resolution. This includes where a duty holder has been held to account through prosecution. WorkSafe reports against this SPE measure as part of its statutory reporting processes.