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.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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 If accepted, the agreement is executed and the parallel prosecution charges are formally withdrawn in court.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.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.
Assess the strategic considerations for interim applications, prepare supporting evidence, and draft the necessary documentation for urgent or time-sensitive relief sought.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
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