NSW to require psychosocial risks to be managed in the workplace

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NSW has introduced amendments to its health and safety legislation, which from 1 October 2022 requires workplaces to manage psychosocial risks. WorkSafe New Zealand has recognised these risks and has good practice guidelines in place which are summarised in these slides. We will continue to keep a watching brief on this situation and how it will evolve in New Zealand.

See - https://legislation.nsw.gov.au/view/pdf/asmade/sl-2022-551

Health & Safety prosecution:  when will a defendant be ‘reckless’?  

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Health & Safety prosecution:  when will a defendant be ‘reckless’?  

WorkSafe New Zealand v Waste Management NZ Limited [2021] NZHC 3444

There are few decisions in New Zealand which have looked at what conduct will amount to recklessness in the context of the Health and Safety at Work Act 2015 (the Act). This is why the recent High Court decision, declining WorkSafe’s application for leave to appeal the District Court’s decision, is so important.

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Focus on health and safety: Reparation for emotional harm – what is relevant and who is entitled to it?

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Focus on health and safety: Reparation for emotional harm – what is relevant and who is entitled to it?

Ocean Fisheries Limited v Maritime New Zealand [2021] NZHC 2083

The High Court has recently dismissed Ocean Fisheries’ appeal against the amount of reparation for emotional harm imposed by the District Court following the death of three crew members of the Jubilee when it sank in 2015. The Court also allowed Maritime NZ’s cross-appeal against the District Court’s decision not to order emotional harm reparation be paid to a sister of one of the crew members.
The decision extensively considers the nature of the courts’ jurisdiction to order reparation including the quantum of such orders, who is entitled to an order, and the consequences of any voluntary payments.

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Fishing vessel sinking leads to the first conviction of an officer in New Zealand

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Fishing vessel sinking leads to the first conviction of an officer in New Zealand

In June 2017, a fishing vessel, the Victory II, sank off Kaikōura while grossly overloaded with fish. In a prosecution brought by Maritime New Zealand, Antonio Basile, the sole director of the fishing company, Nino’s Ltd, became the first officer to be convicted and sentenced under the Health and Safety at Work Act 2015 (HSWA). Nino’s Ltd was also sentenced, as was the Victory II’s skipper, Mr McCauley.

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Police bring first forfeiture action against health and safety offender

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Police bring first forfeiture action against health and safety offender

WorkSafe NZ v Salter [2017] NZDC 26277

In 2017, Auckland business owner, Ron Salter, and his waste fuel collection business, Salters Cartage Ltd (Salters), were convicted for a series of breaches of the Health and Safety in Employment Act 1992 and the Hazardous Substances and New Organisms Act 1996.  The Police are now commencing proceedings against Mr Salter under the Criminal Proceeds (Recovery) Act 2009 (Act).  This is the first time a proceeding has been brought under this Act in relation to a health and safety offending. 

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Reparations and the Resource Management Act

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Reparations and the Resource Management Act

GDC v Aratu Forestry Ltd

This recent sentencing decision is notable for two reasons. First, because of the large fine imposed on a forestry company for breaching the Resource Management Act 1993 (RMA), and second  – perhaps more interestingly – because the Court ordered the defendants to pay a significant sum in reparations to affected persons for emotional harm.  While reparation payments are common for other kinds of offences, they are uncommon for convictions under the RMA. The case also raises issues such as whether a defendant is insured for reparation payments, and, if so, which insurance policy will provide cover?

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Workplace manslaughter is rolled out further in Australia:  Is New Zealand next?

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Workplace manslaughter is rolled out further in Australia:  Is New Zealand next?

Workplace manslaughter (also referred to as industrial/corporate manslaughter) has been an offence in the United Kingdom since 2008. Closer to home, Victoria and the Northern Territory have joined the Australian Capital Territory (ACT) and Queensland as the latest Australian jurisdictions to pass workplace manslaughter laws.

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