Te Pūkenga WorkSafe Enforceable Undertaking

June 19, 2024 | 3 min read

WorkSafe has accepted an application from Te Pukenga for an enforceable undertaking, following an incident on the Toi Ohomai Windermere campus in March 2022.  

Te Pūkenga was charged under sections 37(1) and 48(1) & (2)(c) of the Health and Safety at Work Act 2015 after a vehicle leaving the campus collided with a barrier gate partway across the road. The driver suffered significant injuries.  

The enforceable undertaking provides financial amends to the victim and commits Te Pūkenga to a range of activities designed to strengthen wellbeing and safety in the local community and across Aotearoa New Zealand. The enforceable undertaking is available here. 

The activities include water safety initiatives, integrating a kaupapa Māori approach into contractor relationships, developing a tool for psychosocial risk management in schools, and supporting the alignment of New Zealand health and safety qualifications with international good practice.  

Te Pūkenga acknowledges the effect this incident has had on the victim and their whānau and regrets the harm that was caused. Te Pūkenga took action after the incident to prevent a similar incident from occurring again.   

Additional information: 

What is an enforceable undertaking? 

An enforceable undertaking is an agreement between WorkSafe and Te Pūkenga. It is entered into voluntarily by an organisation or individual following a breach (including an alleged breach) of the Health and Safety at Work Act 2015 and, once in place, is legally binding. It is an alternative to prosecution. 

An enforceable undertaking details the actions that will be taken to respond to the breach. These actions are expected to: 

  • support progressively higher standards of work health and safety for the benefit of the 
    • workers, and/or work, and/or workplace 
    • wider industry or sector 
    • community
  • remedy the harm caused to any victim(s) 
  • support WorkSafe to meet its strategic priorities. 

WorkSafe does not impose enforceable undertakings and does not offer them. If someone wants WorkSafe to consider an enforceable undertaking, they must first express their interest. 

Why did Te Pūkenga decide to pursue an enforceable undertaking? 

Te Pūkenga believes that the intent, scope, expenditure, industry engagement and community benefits proposed by the enforceable undertaking will provide greater benefits than possible via the criminal justice process.