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Frequently Asked Questions – Liability


Disclaimer: The following information is necessarily brief and general in nature. You should seek professional advice before taking any action in relation to the matters raised.

Has liability for school boards of trustees (boards) changed under the Health and Safety in Employment Act 1992 (HASE)?

Has liability for individual trustees and school principals changed under the HASE?

When is OSH likely to prosecute individuals?

Does the conviction of the organiser of Le Race 2001 mean that school principals and those teachers involved in managing the school are more susceptible to prosecution under the amended health and safety legislation?

What does the Le Race Case conviction mean for principals?

Can the Ministry of Education cover fines issued to principals, boards and board members following the changes to the HASE Act?

Does a serious incident automatically invoke personal liability under the HASE Act or Crimes Act?

What help is available to assist schools with EOTC and their outdoor safety management systems?

What liability insurance can / should my school take out?

What new legislation, affecting the liability of principals and boards in the case of a serious injury or death during a school event, has come into effect?

What is the Crown Organisations (Criminal Liability) Act 2002 and why did it come into effect?

How can principals and boards avoid prosecution under the HASE and Crimes Acts?

Click here for a full printable list of frequently asked questions and answers relating to liability.

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If you can't find answers to your EOTC questions on this site, please contact eotc@tki.org.nz