92 Prohibition on coercion or inducement

(1)

A person must not organise or take, or threaten to organise or take, any action against another person with intent to coerce or induce the other person, or a third person,—

(a)

to perform or not to perform, or to propose to perform or not to perform, a function under this Act or a function under this Act in a particular way; or

(b)

to exercise or not to exercise, or propose to exercise or not to exercise, a power under this Act or a power under this Act in a particular way; or

(c)

to refrain from seeking, or continuing to undertake, a role under this Act.

(2)

For the purposes of subsection (1), the following are not to be treated as an action with intent to coerce or induce a person:

(a)

a reasonable direction given by a constable:

(b)

a reasonable direction given by an emergency services worker in an emergency.

(3)

A person who contravenes subsection (1) commits an offence and is liable on conviction,—

(a)

for an individual, to a fine not exceeding $100,000:

(b)

for any other person, to a fine not exceeding $500,000.

(4)

In this section,—

emergency services worker includes a person who has a legal duty (under any enactment, employment agreement, other binding agreement or arrangement, or other source) to, at the scene of an emergency, provide 1 or more of the following services:

(a)

ambulance services, first aid, or medical or paramedical care:

(b)

designated services (as defined in section 6 of the Fire and Emergency New Zealand Act 2017)

organise or take, or threaten to organise or take, any action against a person includes not taking a particular action or threatening not to take a particular action in relation to that person.

Compare: Model Work Health and Safety Act (Aust) s 108

Section 92(4) emergency services worker paragraph (b): replaced, on 1 July 2017, by section 197 of the Fire and Emergency New Zealand Act 2017 (2017 No 17).