Our investigations and prosecutions are funded by public money. Cost recovery allows us to:

• seek contributions from those we investigate, prosecute, or enter into an enforceable undertaking with – when this is fair and permitted by law, and
• maximise our impact and do more to prevent harm

We may seek to recover our:

• legal costs (this can include external counsel)
• investigation-related costs
• costs associated with using external experts, and
• costs from carrying out remedial action.

We can seek these costs under section 121 of HSWA, 152 of HSWA, or section 4 of the Costs in Criminal Cases Act 1967 (CCCA). When we seek costs under HSWA, we can’t also seek costs under the CCCA.

We may also recover reasonable costs and expenses incurred in relation to enforceable undertakings made under Part 4, Subpart 4 of HSWA. This may include investigation, engagement, assessment, legal and monitoring costs.

In determining what’s reasonable, we apply the principles outlined in this policy.

The below sets out what costs can be recovered under these acts.

Section 152 of HSWA

• Legal costs
• Investigation-related cost
• Costs associated with using an external expert

Section 4 of CCCA

• Legal costs
• Investigation-related cost
• Costs associated with using an external expert

Section 121 HSWA

• Legal costs
• Investigation-related cost
• Costs associated with using an external expert
• Costs of carrying out remedial work

Section 123 HSWA

• Legal costs
• Investigation-related cost
• Costs associated with using an external expert
• Costs of carrying out remedial work
• Any other reasonable expenses incurred in relation to an enforceable undertaking

When we seek costs under HSWA, we may seek legal advice when we’re unsure if we’re able to seek recovery of particular costs.

We won’t seek costs for alternative sentences as these are non-financial sentences and seeking costs would contradict the intent of using these.¹

When we consider seeking to recover costs, we:

• use a fair and consistent process
• consider each situation on a case-by-case basis
• use our discretion, taking into account:
  • the circumstances and context of the duty holder
  • the potential impacts on the duty holder, local communities, any relevant Māori-Crown relationships, local iwi and hapū, and the duty holder’s ability to pay costs, and
  • whether seeking to recover costs in the particular circumstances is fair
• make sure we have records, such as invoices and/or timesheets, to show the costs we have incurred
• record our decisions so we can show how we’ve decided what costs we seek to recover
• make sure costs recovered don’t exceed the costs incurred, and
• make good decisions in line with our How we delegate regulatory functions and powers policy.

Footnote

1. Adverse Publicity Orders, Orders for Restoration, Work Health and Safety Project Orders, Court-ordered Enforceable Undertaking, Injunctions, and Training Orders.