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The Safe Side | Issue 64
18/12/2024
In this issue, we cover the recent ground-breaking conviction of the former CEO of Ports of Auckland Ltd for failing to comply with his duty as an officer under the Health and Safety at Work Act (HSWA). This is the first time an officer of a large complex organisation has been prosecuted for this offence. In addition, we have articles on three recent convictions that all arose from fatalities. The first resulted after a worker was killed in the forestry sector, the second followed the death of a worker at a steel product supplier and manufacturer in Christchurch, and the last came about when a camper was killed in a caravan park by a falling tree branch in Victoria, Australia.
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The Safe Side | Issue 63
30/11/2024
In this issue, we cover four recent sentencings: two under the Health and Safety at Work Act 2015 (HASWA) and two under the Resource Management Act (RMA). The first HASWA sentencing resulted from a fatal road crash involving driver fatigue. The other followed injuries to a worker when they were crushed between a barge and a wharf. The RMA sentencings led to record fines being imposed after the parties involved continued to offend even after having enforcement actions taken against them by councils. We also cover the joint feedback to the government from major business groups, health and safety organisations, and unions expressing their shared view that HASWA is “fundamentally fit for purpose” and change is unlikely to significantly improve outcomes.
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The Safe Side | Issue 62
31/10/2024
In this month’s issue, we look at two recent sentencings under the Health and Safety at Work Act (HASWA) that resulted after the deaths of young people on excursions run by PCBUs. The first came about after 15-year-old Karnin Petera was drowned at Abbey Caves while on a school trip; the second followed the death of a young woman on a fun day out on the water. We also cover the settlement of the first case that used the Criminal Proceeds (Recovery) Act 2009 to seize assets gained from offending against health and safety or hazardous substances legislation. Finally, we briefly touch on the new requirements for Police checking on staff at limited-attendance childcare centres.
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