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Source: Worksafe New Zealand

WorkSafe New Zealand is thanking businesses who are doing the right thing as we reach eight weeks under the COVID-19 Protection Framework.

“To the businesses who have looked at the rules and made sure they are doing what’s needed to keep New Zealanders healthy and safe, thank you,” says WorkSafe Head of General Inspectorate Simon Humphries.

“The number who aren’t following the rules is a very small minority when you consider how many businesses there are across New Zealand in general, and how many have some form of requirements around My Vaccine Pass.

“When a concern is raised about a business, as part of our ‘educate first’ approach, we reach out to them and provide information about changes they need to make to be compliant.

“Since moving to the Framework on December 3 WorkSafe has engaged with over 1000 businesses.

“After we’ve engaged with them over 95% of these businesses have made the changes they need to be compliant.

“A few businesses haven’t made changes to meet their COVID-19 requirements after being given this information.

“We understand people are interested in how WorkSafe is approaching what appears to be deliberate non-compliance from some businesses.

“WorkSafe is taking a considered approach to decisions on enforcement action to support the public health response to COVID-19 and ensure the health and safety of New Zealanders.

“While we understand it may be frustrating for people who are doing to right thing to see a business open and not following the rules, we need to work carefully and deliberately through our processes to ensure non-compliant businesses are held to account.”

Infringement notices issued as at 26/01/2022

Name Date Infringement Notice issued Associated penalty and reason for Infringement Notice
Damned Fine Food Limited (also known as Lone Star New Lynn) 21/01/2022
  • $12,000 – Not having effective systems and processes in place to check that each person who is at the premises is carrying a CVC
  • $12,000 – Allowing affected persons to carry out work or otherwise conduct an activity at a place when aware that the affected person/s was not vaccinated
Hammerhead Tattoos Limited 19/01/2022
  • $12,000 – Not having effective systems and processes in place to check that each person who is at the premises is carrying a CVC

  • $4000 – Not displaying, in a prominent place at or near the main entrance of the premises, a sign indicating whether the premises are operating under CVC or non-CVC rules

  • $4000 – Not having QR code signage in prominent place

  • $4000 – Failure to ensure an alternative contact record system and process is in place to enable a contact record to be kept of all persons aged 12 years or older entering the workplace
Lotus-Heart

24/12/2021

  • $12,000 – Not having effective systems and processes in place to check that each person who is at the premises is carrying a CVC

  • $4000 – Not displaying, in a prominent place at or near the main entrance of the premises, a sign indicating whether the premises are operating under CVC or non-CVC rules

  • $4000 – Not ensuring that a copy of a QR code for the workplace is displayed in a prominent place at or near the main entrance of the workplace

Lotus-Heart  25/01/22
  • $12,000 – Not having effective systems and processes in place to check that each person who is at the premises is carrying a CVC

  • $4000 – Not displaying, in a prominent place at or near the main entrance of the premises, a sign indicating whether the premises are operating under CVC or non-CVC rules

  • $4000 – Not ensuring that a copy of a QR code for the workplace is displayed in a prominent place at or near the main entrance of the workplace

  • $4000 – Not ensuring that one or more copies of a QR code for the workplace are displayed in a prominent place (or places) within the workplace
My Barber Limited 11/01/2022
Oliver MMA Limited

20/12/2021

  • $12,000 – Allowing affected persons to carry out work or otherwise conduct an activity at a place when aware that the affected person/s was not vaccinated
Oliver MMA Limited

12/01/2022

Oliver MMA Limited 21/01/2022
  • $12,000 – Allowing affected persons to carry out work or otherwise conduct an activity at a place when aware that the affected person/s was not vaccinated
Saint Sebastian Restaurant 14/01/2022

Notes:

A business has 28 days to pay the infringement fees. If they do not make payment in this time a reminder notice may be issued, which may extend the timeframe for payment.

The business has the right, within 28 days of the infringement notice, to request a hearing to:

  • raise any matter related to the circumstances of the alleged offence for consideration by WorkSafe New Zealand; or
  • deny liability for the alleged offence and request a court hearing; or
  • admit liability for the alleged offence but have a court consider written submissions as to the penalty or otherwise.

An infringement notice may be withdrawn after a hearing.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

MIL OSI