Health & Safety Law
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WorkSafe v Athenberry Holdings Ltd: The Competent Contractor?
Defining health and safety duties in a contracting situation is rarely straightforward.
1.11.2018 Posted in Health & Safety Law
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...
9.10.2018 Posted in Health & Safety Law
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 Law
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.
3.07.2018 Posted in Construction Law & Health & Safety Law
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 Law & Health & Safety Law
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 Law
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 Law
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 Law
Who ya gonna call?
With the new Health and Safety at Work Act 2015, the rules around notifications have changed.
3.08.2016 Posted in Health & Safety Law
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 Law
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 Law
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 Law
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 Law
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 Law
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 Law
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...
5.06.2014 Posted in Health & Safety Law
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 Law
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 Law
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 Law
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...
4.02.2014 Posted in Health & Safety Law
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 Law
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 Law & Health & Safety Law
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 Law
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 Law
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...
4.07.2013 Posted in Health & Safety Law
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 Law
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...
8.03.2013 Posted in Health & Safety Law
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...
8.03.2013 Posted in Health & Safety Law
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 Law
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 Law
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