28.08.2019

Stop Press: “It was pure luck that nobody was killed”

Earlier this month, we set out an overview of the Health and Safety at Work Act 2015 (HSWA) as it applies to landlords and tenants.

On 23 August 2019, the first sentencing decision involving a landlord was delivered by the District Court.  The New Zealand Herald reports that the landlord of a childcare centre was fined $89,250, ordered to pay reparation of $30,800 and other costs of $2,250.

The fine was imposed after a dead tree, described by WorkSafe as a “very obvious risk”, toppled over in November 2016 at a Newmarket childcare centre and seriously injured four toddlers.  WorkSafe alleged that the landlord, Heng Tong Investment Limited which leased the property to the childcare centre, Discoveries Educare, had “not carried out regular visits, assessments or inspections”.  The childcare centre was fined more than $200,000 for its involvement in the incident.

The sentencing outcome is a salient reminder to both landlords and tenants of the importance of routine inspection of premises for hazards, and most importantly eliminating or minimising any hazards that are identified.  If you require further information, please contact our health and safety team or commercial property team.

Do you need expert legal advice?
Contact the expert team at Hesketh Henry.
Kerry
Media contact - Kerry Browne
Please contact Kerry with any media enquiries and with any questions related to marketing or sponsorships on +64 9 375 8747 or via email.

Related Articles / Insights & Opinion

Deciding to Wind Up? Observations on winding-up a trust from a recent High Court case
A trust can be a hassle and expensive to maintain.  So, it is not unusual for clients to reflect on whether a trust should be maintained. When settlors, Bert and Diana Queenin, decided to wind up the...
24.03.2025 Posted in Private Wealth
Mediation wide BW
Employment Law’s Dispute Resolution Process – Mediation
Navigating the dispute resolution process in the employment jurisdiction can be tricky. This article aims to spell out the key considerations for those involved in or contemplating mediation, which is...
24.03.2025 Posted in Employment
empty wallet finance concept
Amendment to the Crimes Act 1961: Intentionally not paying employees their wages now deemed theft
An amendment to the Crimes Act 1961 (Crimes Act) – the Crimes (Theft by Employer) Amendment Bill has been passed by Parliament and received Royal assent. It is now an enforceable provision of th...
14.03.2025 Posted in Employment
Time’s Up: Late Redelivery and the Assessment of Damages in Hapag Lloyd AG v Skyros Maritime Corporation and Hapag Lloyd AG v Agios Minas Shipping Company
The English Commercial Court gave an instructive judgment on the assessment of damages in Hapag Lloyd AG v Skyros Maritime Corporation and Hapag Lloyd AG v Agios Minas Shipping Company; an appeal brou...
11.03.2025 Posted in Trade and Transport
Team Hands in small
Cartel conduct: Do not pass “GO”, go directly to jail
Until 8 April 2021, cartel conduct was punishable only by civil penalty in New Zealand.  In R v Kumar [2024] NZHC 3955 the High Court imposed the first criminal convictions and sentences for cartel c...
06.03.2025 Posted in Construction & Disputes
Employment
2025 Insights: Proposed Legislative Changes and Employment Team Update
Team update and proposed legislative change – hello from the Hesketh Henry Employment Law Team 2025. Click here
20.02.2025
photo  dbe
When Sweet Turns Sour: The Costly Consequences of Contamination
The New Zealand Sugar Company (NZSC), trading as Chelsea Sugar, recently found itself in hot water after being fined nearly $149,500 by the District Court due to a prosecution brought by the Ministry ...
19.02.2025 Posted in Insurance & Trade and Transport
SEND AN ENQUIRY
Send us an enquiry

For expert legal advice, please complete the form below or call us on (09) 375 8700.