Knowledge
Judicial Review – A Risky Business
Monday 28 April, 2025
Commencing litigation is a big decision. It is important to carefully consider whether your claim has merit and to act reasonably throughout the proceeding, or you may end up having to pay over $50,000 in costs to the other parties. This was the case for Mahora Residents Society Inc.
CEO found guilty and fined $130,000 for breach of officer duty
Tuesday 22 April, 2025
The District Court has found the former CEO of Ports of Auckland guilty of breaching his due diligence duty under the Health and Safety at Work Act, following the death of a port worker. He was fined $130,000 and ordered to pay $60,000 in costs.
Unprofessional behaviour of non-lawyer advocates in the Employment Court
Thursday 17 April, 2025
A recent Employment Court decision highlights growing concerns around the conduct of non-lawyer advocates. In Joyce v Ultimate Siteworks Ltd, the Court criticised an advocate’s abusive behaviour but acknowledged its limited powers to regulate unlicensed representatives, raising questions about the need for formal oversight or legislative reform.
Criminal Proceeds Act used for Health and Safety Breaches
Thursday 17 April, 2025
In a New Zealand first, the High Court has approved a $4 million forfeiture under the Criminal Proceeds (Recovery) Act following a fatal workplace incident. The case marks the first time the Act has been used to recover profits linked to health and safety breaches, highlighting the Court’s willingness to apply proceeds of crime legislation beyond traditional criminal contexts.
Important Health & Safety Changes Ahead
Monday 7 April, 2025
Major health and safety reforms are on the horizon, including reduced liability for directors, clarified obligations for landowners, and simplified requirements for small businesses. These proposed changes aim to refocus efforts on managing critical risks and reduce unnecessary compliance burdens.
Privacy breach results in a $60,000 payout
Friday 4 April, 2025
The Human Rights Review Tribunal ordered Stonewood Group to pay $60,000 for breaching an ex-employee’s privacy by taking and withholding his personal devices and data without consent. The decision underscores that employers can unlawfully collect personal information—even unknowingly—when retrieving work-issued devices.