Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when the client seeks to enter into an Enforceable Undertaking (EU) as a direct alternative to criminal prosecution under section 123 of the Health and Safety at Work Act 2015. This workflow covers the assessment, registration of interest, proposal drafting, victim consultation, panel evaluation, and the coordination of court adjournments pending final approval.
WorkSafe New Zealand Enforceable Undertakings panel (national administrative pathway) and the District Court of New Zealand. This fork is activated when WHS charges are filed but the client seeks to negotiate a compliance-based withdrawal.
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The Process at a Glance: The process starts by checking that Section 47 reckless conduct charges are not present, as Category 1 offences are strictly excluded. The practitioner drafts and submits a Registration of Interest to WorkSafe's EU team and coordinates a joint court adjournment of the parallel prosecution. Counsel collaborates with the client's safety team to develop a detailed proposal outlining Hazard rectification, victim amends, and community safety initiatives. Following active victim consultation, the formal application is filed. WorkSafe's panel evaluates the suitability of the proposal and provides a recommendation. If accepted, the agreement is executed and the parallel prosecution charges are formally withdrawn in court.
Key Legislation and Case Law: Health and Safety at Work Act 2015 (HSWA) - s 123 (binding enforceable undertakings); s 124 (notice of decision and reasons); s 125 (contravention of undertaking); s 47 (reckless conduct exclusion). Criminal Procedure Act 2011 - s 133 (withdrawal of charges). WorkSafe's Enforceable Undertakings Operational Practice Guidelines provide the procedural benchmarks for victim consultation and panel criteria.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Defending PCBUs in WorkSafe Prosecutions (Respondent) - Enforceable Undertaking Pathway matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for Employment Law cases, outlining the standard Litigation process. Utilize these tracking templates to manage your legal cases efficiently.
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| Matter typeⓘ | matter.matterType | text | - | inheritedmatter-core |
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| Client name | matter.clientName | text | Required | inheritedmatter-core |
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