New Zealand Law Society - WorkSafe fully accepting of Supreme Court decision

WorkSafe fully accepting of Supreme Court decision

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WorkSafe says it fully accepts the decision of the Supreme Court in Osborne v WorkSafe New Zealand [2017] NZSC 175, where the Court declared that the decision of WorkSafe New Zealand to offer no evidence in the prosecution of Peter William Whittall was unlawful.

Chief Executive Nicole Rosie says the Court’s decision clarifies the approach the regulator should have taken, and will take in the future in such circumstances.

"We hope this decision will bring some relief to the families and we will be seeking a meeting with them shortly to discuss the decision," she says.

"As a result of the families’ commitment to their loved ones, New Zealand has new health and safety legislation and a regulatory unit focused on high hazard activities. There is now far greater recognition and commitment to health and safety across the country."

Nicole Rosie says the families’ commitment has helped to forever change the health and safety landscape in New Zealand for the better.

"While WorkSafe was named as the respondent in this case, the decision was taken by our predecessor agency which carefully considered its decision at the time. As its successor we have assumed responsibility for the decision and we accept the court’s decision."

The WorkSafe Prosecution Policy is available here.