Health & Safety

As the year draws to a close both employees and employers alike are looking forward to the end of the year, and some well-deserved rest and relaxation. Many are also looking to celebrate the year that...

The Companies Act 1993 (CA93) currently requires all company directors to make their residential addresses available as a matter of public record.  However, in recent times, incidents of stalking and...

While we wait with bated breath for the outcome in the prosecution of former Ports of Auckland CEO, Tony Gibson, officers’ duties are very much at the forefront of everyone’s mind. Section 44 of t...

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...

Director prosecuted for health and safety failures arising from fire that caused significant damage to cargo ship.

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...

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...

On 9 December 2019 Whakaari/White Island erupted tragically killing or severely injuring the 47 people who were exploring the offshore volcano.

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).

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-...

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...

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.

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...

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.

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.

Alert Level 3 is upon us.

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...

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...

The High Court at Auckland has released its first and much-awaited decision under the Health and Safety at Work Act 2015 (HSWA).

April 2018 marks two years since the Health and Safety at Work Act 2015 (HSWA) came into force.

With the new Health and Safety at Work Act 2015, the rules around notifications have changed.

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...

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...