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WorkSafe New Zealand v Rupa [2022] NZDC 13568

Published 27 January 2023

Judge-alone trial — failing to comply with requirements of COVID-19 order — refusal to display QR code — COVID-19 Public Health Response Act 2020, s 26(1) — Criminal Procedure Act 2011, s 122 — COVID 19 Public Health Response (Alert Level Requirements) Order 2020, cl 8(1) — WorkSafe New Zealand v Rupa [2022] NZDC 13527. The defendant faced a charge of failing to display a QR code in his cafe, in breach of the COVID-19 public health regulations. A police constable and two WorkSafe inspectors gave evidence of their visits to the defendant's cafe and their discussions with the defendant about his obligations. The Court found that all of the elements of the charge were made out: the defendant was the person in control of his workplace, he had failed to display a QR code there, and he had done so intentionally. The defendant was found guilty on the charge. Judgment Date: 19 July 2022.