Health & Safety
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Trust liability under the Health and Safety at Work Act
WorkSafe New Zealand v RH & JY Trust & ors
21.02.2024 Posted in Health & Safety & Private Wealth
rsz large pillars
Health and Safety: The Consequences of Dishonesty
Siddhartha Gautama said that lies are like huge, gaudy vessels, the rafters of which are rotten and worm-eaten, and that those who embark in them are fated to be shipwrecked.  Two remarkable health a...
03.11.2023 Posted in Employment & Health & Safety
marine
It’s not “all care, no responsibility”
Director prosecuted for health and safety failures arising from fire that caused significant damage to cargo ship.
29.05.2023 Posted in Health & Safety & Trade and Transport
“Hi Honey, I’m (still) home!” Legal considerations for employees working from home
With flexible working arrangements becoming increasingly common post-Covid, employers should continue to be alive to the consequences of these arrangements and consider what steps they should take to ...
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Forestry in 2023: Things to look out for this year
Our Forestry team considers a few things to look out for this year in the legal landscape of one of New Zealand’s most important industries: Developments in land use management regime applicable to...
Fail to Plan, Plan to Fail: Leasing and Health and Safety
When the Health and Safety at Work Act 2015 (HSWA) came into force in April 2016 as part of the Government’s strategy to reduce serious work-related injuries, it marked an important shift in health ...
22.02.2023 Posted in Health & Safety & Property
Concrete pillars impressive
Leave refused for second appeal in relation to sentence on sinking fatalities
In May, the Court of Appeal refused to grant leave to Ocean Fisheries Limited (Ocean Fisheries) to further appeal the size of an emotional harm reparation sentence.  Factual Background  In October 2...
20.12.2022 Posted in Health & Safety & Trade and Transport
No Case to Answer. Significant Costs Awarded Against WorkSafe
The recent decision of WorkSafe New Zealand v Mount Somers Sand Ltd [2022] NZDC 12056 is significant because WorkSafe was required to pay the defendant’s costs after the Court found there was no cas...
21.10.2022 Posted in Health & Safety
Hands and gavel
Health and Safety at Work Act: Whakaari prosecutions and protection of the public
On 9 December 2019 Whakaari/White Island erupted tragically killing or severely injuring the 47 people who were exploring the offshore volcano.
21.10.2022 Posted in Health & Safety
Health Safety Blocks Wide
Directors’ accountability for health and safety violations
The Health and Safety at Work Act 2015 (HSWA) defines an ‘officer’ as a person who exercises significant influence over the management of a business or undertaking (PCBU).
21.07.2022 Posted in Health & Safety
Are you ready for the new Covid-19 Protection Framework?
Parliament has been racing through COVID-19 legislation in preparation for New Zealand entering the COVID-19 Protection Framework (CPF) at midnight tonight, Thursday 2 December.   Employers operating...
02.12.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
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Covid-19 Risk Assessment – Vaccines only part of the solution
Vaccine mandates have been the “hot topic” in the news recently.  However, it has become clear that vaccines are not a silver bullet and relying on vaccination alone to address the risk of Covid-...
01.12.2021 Posted in COVID-19 & Employment & Health & Safety
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COVID-19 Protection Framework: Vaccination Certificates and Simplified Risk Assessment on its way
For some employers, Covid-19 vaccine certificates (CVCs) are required in order to operate within the Covid-19 Protection Framework (the Traffic Light System).  The scope of this requirement is slated...
23.11.2021 Posted in Business Advice & COVID-19 & Employment & Health & Safety
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Health and Safety Reform: Increased Regulation of Plant and Structures on the Horizon
The Government has announced that it intends to release draft plant and structures regulations in early 2022, with new regulations expected to be in place later next year.
28.10.2021 Posted in Construction & Health & Safety
marine
Maritime New Zealand v Genera Limited:  Health & Safety Prosecution in International Waters
In the first case of its kind, Genera Limited has been convicted of an offence under the Health and Safety at Work Act 2015 (HSWA) in relation to an incident that occurred in international waters. The...
18.08.2021 Posted in Disputes & Health & Safety & Trade and Transport
Demolishing the “I’m not a PCBU” defence
In WorkSafe New Zealand v Dong SH Auckland Limited [2020] NZHC 3368, the High Court considered the statutory concept of a Person Conducting a Business or Undertaking (PCBU).  The facts of the prosecu...
04.03.2021 Posted in Health & Safety
“Recklessness” under the Health and Safety at Work Act 2015
The High Court has clarified the elements of the offence of reckless conduct in the Health and Safety at Work Act 2015.
19.02.2021 Posted in Business Advice & Disputes & Health & Safety
Health and Safety Tiles
When is someone ‘at work’ under the Health and Safety at Work Act?
The High Court has confirmed that to be ‘at work’ for the purposes of the Health & Safety at Work Act 2015 (HSWA), a link between the particular activity undertaken and the work of the PCBU is required. If that link is established, any person engaged in the activity will be 'at work' for the purposes of the HSWA.
18.02.2021 Posted in Business Advice & Health & Safety
Health and Safety Tiles
The High Court clarifies the liability of ‘officers’ under the Health and Safety at Work Act 2015
The High Court has clarified the due diligence duty imposed on ‘officers’ of a PCBU. Due diligence is not limited to obligations of governance, but will depend on the nature of the PCBU and the role the officer occupies in it.
17.02.2021 Posted in Business Advice & Health & Safety
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COVID-19: Health and Safety at Level 3
Alert Level 3 is upon us.
24.04.2020 Posted in Business Advice & COVID-19 & Health & Safety
COVID-19: Health and Safety in essential businesses
In response to the Covid-19 pandemic, New Zealand’s alert level is currently at Alert Level 4.
31.03.2020 Posted in Business Advice & COVID-19 & Health & Safety
Could a Health and Safety Breach Mean Jail Time?
In August 2019, a United Kingdom judgment imposed a custodial sentence on a site supervisor who was involved in breaches of the Health and Safety at Work Act 1974 (UK Act) that caused the death of a w...
28.08.2019 Posted in Health & Safety
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 landlor...
28.08.2019 Posted in Health & Safety
Property
Fail to Plan, Plan to Fail: Leasing and Health and Safety
Fail to Plan, Plan to Fail:  Leasing and Health and Safety When the Health and Safety at Work Act 2015 (HSWA) came into force over 3 years ago as part of the Government’s strategy to reduce serious...
13.08.2019 Posted in Health & Safety & Property
Don’t Let Your Guard Down
The risks arising from the use of unguarded machinery are well-known to the point of being blindingly obvious.  The measures to ensure the safe operation of machinery are usually straightforward.  W...
19.02.2019 Posted in Health & Safety
WorkSafe v Athenberry Holdings Ltd: The Competent Contractor?
Defining health and safety duties in a contracting situation is rarely straightforward.
01.11.2018 Posted in Health & Safety
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Pruning Back Liability: Do Contractual Arrangements Hold the Key?
The first defended hearing under the Health and Safety at Work Act 2015 (HSWA), WorkSafe v Athenberry Holdings Ltd, required the District Court to consider the ability of a business (a PCBU) to influe...
09.10.2018 Posted in Health & Safety
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No Longer Stumped: The Health and Safety at Work Act 2015 Sentencing Guidelines
The High Court at Auckland has released its first and much-awaited decision under the Health and Safety at Work Act 2015 (HSWA).
21.08.2018 Posted in Health & Safety
Updated Subcontract Agreement: SA-2017
The SA-2009 form of Subcontract Agreement is commonly used in the construction industry. It has undergone a review and a new SA-2017 form has been produced.
03.07.2018 Posted in Construction & Health & Safety
Managing Employees’ Mental Health Issues
Ministry of Health statistics confirm that during 2016, 169,454 people accessed mental health services in New Zealand. The law of averages suggests that most workplaces will – to a lesser or greater degree – be affected at some time by an employee’s mental health issue.
31.05.2018 Posted in Employment & Health & Safety
Hesketh Henry Employment Team to Present at the 5th Annual ‘Managing Ill & Injured Employees’ Masterclass
The Hesketh Henry Employment team have been invited to present at the 5th annual 'Managing ill & injured employees masterclass in Wellington on 24th July and Auckland on Monday, 30th July 2018.
10.05.2018 Posted in Health & Safety
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Health and Safety at Work Act, Two Years On: Once Bitten, Twice Shy?
April 2018 marks two years since the Health and Safety at Work Act 2015 (HSWA) came into force.
20.04.2018 Posted in Health & Safety
Don’t make it worse … notify WorkSafe
Our message to you – if there is an incident or event that needs to be notified to WorkSafe, for heaven's sake, notify it!
20.02.2018 Posted in Health & Safety
Employment
Who ya gonna call?
With the new Health and Safety at Work Act 2015, the rules around notifications have changed.
03.08.2016 Posted in Health & Safety
Do you know your CCC’s? Duty to Consult, Co-operate and Co-ordinate with other PCBUs
Consultation, Co-operation and Co-ordination - what you need to know
10.06.2016 Posted in Health & Safety
Fact or Fiction: Health & Safety Edition
Health and safety reform: a lot of attention has been given, but what’s actually changing?
15.09.2015 Posted in Health & Safety
Here we go again…the next steps towards the new health and safety legislation
After some 16 months of consideration, 226 submissions, and 2 extensions, the Transport and Industrial Relations Select Committee has finally released its report on the Health and Safety Reform Bill. ...
30.07.2015 Posted in Health & Safety
Safety – Get Your Employees Involved!
As you are no doubt aware, once again, the Health and Safety Reform Bill has been delayed, with the Select Committee now due to report back on 24 July 2015.  Rumours are swirling with regard to the r...
13.07.2015 Posted in Health & Safety
Health and Safety Fires Up!
In a first for New Zealand, a Company Director has been sentenced to a custodial sentence (four months’ home detention) following a conviction under HASIE.  His company was also fined $60,000. In a...
12.03.2015 Posted in Health & Safety
When do you need to call WorkSafe?
We explain your reporting and recording obligations under the Health and Safety Reform Bill
23.09.2014 Posted in Health & Safety
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New Workplace Health and Safety Legislation
As you might be aware, the Government is in the process of introducing new workplace health and safety legislation. The Health and Safety Reform Bill is currently before Select Committee, and is expec...
05.06.2014 Posted in Health & Safety
Safety Snapshot
Today is International Workers’ Memorial day, commemorating employees and contractors killed in the course of performing their jobs. In New Zealand, for the year 2013, 51 people lost their lives at ...
28.04.2014 Posted in Health & Safety
WORKSAFE BULLYING: MISS IT AT YOUR PERIL
What is bullying, and does your workplace have a policy to address it?
26.03.2014 Posted in Health & Safety
HEALTH AND SAFETY REFORM BILL: RISKS YOU NEED TO KNOW ABOUT
Quite a few months after the ‘Exposure Draft’ was introduced in October 2013, the government has now introduced the Health and Safety Reform Bill into parliament.  The sales pitch is that this is...
26.03.2014 Posted in Health & Safety
Health and Safety Changes – Directors Need To Act Now!
We all know about New Zealand’s appalling record in workplace health and safety, compared to the rest of the OECD.  This was, of course, brought into even sharper relief by the tragedy at Pike Rive...
04.02.2014 Posted in Health & Safety
Working Safer – Government’s Blueprint for Health and Safety Released
The Minister of Labour, Simon Bridges, yesterday announced the introduction of a package of health and safety reforms, which aim to make a significant dent in New Zealand’s comparatively poor rates ...
11.08.2013 Posted in Health & Safety
New workplace heath and safety system launched
On 1 July, a new workplace health and safety system was launched by the Ministry of Business, Innovation and Employment (MBIE). New legislation, the Health and Safety (Pike River Implementation) Bill ...
11.07.2013 Posted in Health & Safety
Common Sense prevails – Court of Appeal overturns Bull and Speedy decision
Where did this start? This litigation arose out of a tragic accident on Mangaohane Station in which an employee was killed. Health and Safety Inspector Margaret Utumapu sought to interview Mr Bull and...
11.07.2013 Posted in Health & Safety
Make time for tea – do your employees take their breaks?
Most employers are now cognisant that employees are entitled to rest breaks and meal breaks during the employee’s working hours. What may not be so clear are the employer’s obligations to inform a...
11.07.2013 Posted in Employment & Health & Safety
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Health and Safety – getting its Act together at last?
The Independent Taskforce on Workplace Health and Safety has recommended sweeping changes to just about every aspect of health and safety in New Zealand. The recommendations are for a new agency (whic...
04.07.2013 Posted in Health & Safety
Leading from the front on Health and Safety – what all directors need to know
The government is committed to holding directors to account for their company’s performance in health and safety, and assisting them to understand and manage their responsibilities.
11.06.2013 Posted in Health & Safety
Dismissals in the Spotlight – Employee nearly kills a colleague but gets awarded $10,000
In the first few months of 2013 we have seen numerous articles in the media reporting on cases where employees have been dismissed, including a swearing and speeding nanny and a drunk employee at a Ch...
08.03.2013 Posted in Health & Safety
Government to set up new health and safety agency
The creation of a stand-alone Crown agent was a key recommendation of the Royal Commission on the Pike River Coal Mine Tragedy.  The Government has now announced that it will create this agency, and...
08.03.2013 Posted in Health & Safety
Early Morning Shop leads to Health and Safety Nightmare
Many of us know that supermarket shopping with children can be a trying experience.  However, a trip to Lower Hutt Pak n’ Save became something of an early-morning nightmare for a father and his 10...
26.10.2012 Posted in Health & Safety
Major Workplace Health and Safety review and consultation
New Zealand has one of the highest workplace death rates in the OECD.  For the first time in twenty years, a significant review of New Zealand’s entire workplace health and safety system is underwa...
26.10.2012 Posted in Health & Safety
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