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WorkSafe New Zealand v Rayner [2022] NZDC 7870

Published 01 February 2023

Sentencing — failing to display workplace QR code — COVID-19 — global pandemic — COVID-19 Public Health Response Act 2020, ss 26(3) & 26(4) — Legislation Act 2019 — Criminal Procedure Act 2011, s 15 — COVID-19 Public Health Response (Alert Level Requirements) Order (No 6) 2021, cl 81 — Magna Carta 1297. The defendant appeared to face a charge of failing to display a QR code at the cafe that she owned. This was an offence against the COVID-19 Public Health Response Act. The defendant pleaded not guilty to the charge, and challenged the power of the government to pass the relevant legislation and the jurisdiction of the prosecutor to bring the charge. The Court dismissed the defendant's arguments about lack of power to pass legislation and lack of jurisdiction to bring charges. The defendant's argument that the offending had not harmed anyone was irrelevant. The specific elements of the charge were made out, and the charge was proved. The Court imposed a fine of $300. Judgment Date: 28 April 2022.