Matthew Ferrier

Sep 8, 2024 | lexology.com | Stacey Shortall |Matthew Ferrier |June Hardacre |Aaron Lloyd |Megan Richards |John O'Rourke | +2 more

In a recent District Court decision, WorkSafe New Zealand v Glenbrook Farming & Equipment Hire Limited [1], the defendant successfully defended a charge filed by WorkSafe under the Health and Safety at Work Act 2015 (HASWA).

Apr 28, 2024 | lexology.com | Matthew Ferrier |Aaron Lloyd |Stacey Shortall |Mark Calderwood

The prosecution by Maritime New Zealand of the former Ports of Auckland Limited (POAL) Chief Executive Office is underway in the Auckland District Court.

Feb 27, 2024 | lexology.com | Matthew Ferrier |Mark Calderwood

Click here to listen to the audioIn this episode, Partner Matthew Ferrier and Senior Associate Mark Calderwood discuss the current landscape of health and safety prosecutions in New Zealand. They analyse the trends and statistics from recent years, examining the focus of the regulator, WorkSafe, and its enforcement activities. The discussion focuses on the implications of the Whakaari White Island trial's liability decisions.

Jan 24, 2024 | lexology.com | Stacey Shortall |Matthew Ferrier |Andrew Ryan |Mark Calderwood

In a recent judgment [1], Harvey J found that a trust was not a “person” for the purposes of the Health and Safety at Work Act 2015 (HSWA). However, his Honour found that the trustees of a trust, as a collective, were a “body of persons…unincorporate” and therefore were a “person” for the purposes of the HSWA. These findings are significant as they impact who could be charged as a PCBU under the HSWA in relation to a fatal workplace accident.