scholarly journals She'll be wrong: Rethinking corporate and officer responsibility under the Health and Safety Reform Bill

2021 ◽  
Author(s):  
◽  
Zoe Rodgers

<p>New Zealand has a poor health and safety record with alarming rates of workplace injuries and fatalities. The current health and safety regime fails to promote corporate and director responsibility and leaves New Zealand open to potentially catastrophic harm. This was demonstrated in 2010 with the Pike River disaster which revealed an urgent need for reform. This paper analyses the Health and Safety Reform Bill. The Bill represents the most comprehensive overhaul of New Zealand’s health and safety regime in 22 years. The focus in the Bill is no longer on the status of the employment relationship meaning better protection for workers. This paper argues that corporate and officer responsibility is crucial to turning things around. The Bill drives responsibility through the introduction of a proactive due diligence duty on officers and stronger deterrence mechanisms. Placing obligations on officers means those in the best position to monitor and reduce risks have a legal obligation to do so. The Bill targets those who have the ability to initiate change and requires these people to take a proactive approach to managing health and safety. This paper concludes that the Bill represents a positive step forward in New Zealand’s health and safety regime.</p>

2021 ◽  
Author(s):  
◽  
Zoe Rodgers

<p>New Zealand has a poor health and safety record with alarming rates of workplace injuries and fatalities. The current health and safety regime fails to promote corporate and director responsibility and leaves New Zealand open to potentially catastrophic harm. This was demonstrated in 2010 with the Pike River disaster which revealed an urgent need for reform. This paper analyses the Health and Safety Reform Bill. The Bill represents the most comprehensive overhaul of New Zealand’s health and safety regime in 22 years. The focus in the Bill is no longer on the status of the employment relationship meaning better protection for workers. This paper argues that corporate and officer responsibility is crucial to turning things around. The Bill drives responsibility through the introduction of a proactive due diligence duty on officers and stronger deterrence mechanisms. Placing obligations on officers means those in the best position to monitor and reduce risks have a legal obligation to do so. The Bill targets those who have the ability to initiate change and requires these people to take a proactive approach to managing health and safety. This paper concludes that the Bill represents a positive step forward in New Zealand’s health and safety regime.</p>


Author(s):  
Danae Anderson ◽  
Felicity Lamm ◽  
Erling Rasmussen ◽  
Peter Shuttleworth ◽  
Judith McMorland

While the rights of New Zealand adult workers have been the primary concern of successive governments and their agencies, the rights of child workers have often been overshadowed.  With the recent Government report to the United Nations on New Zealand released, the issues surrounding New Zealand young workers have come to the fore and now require further investigation. The purpose o f this paper is to report on Phase One o f ongoing research into the working lives and experiences of New Zealand children (thoseunder18years). Drawing on existing academic literature as well as government and non-governmental organisations' (NGO) reports and statistics, the paper will present an overview of the status of New Zealand children in terms of the minimum working age; the minimum wage rates; and occupational health and safety standards. Finally, the paper will outline areas of future research.


2020 ◽  
Vol 51 (3) ◽  
pp. 379
Author(s):  
Nadia Dabee

To date, no enforcement activity against officers under the Health and Safety at Work Act 2015 (HSWA) has been reported and methods to achieve compliance also appear to be underdeveloped. In addition to there being no prosecutions against officers for breach of their due diligence duties, there are also no formalised regulatory structures to help officers "self-regulate" effectively in order to comply with their due diligence duties. Instead, it appears that officers have been left mostly to regulate their own behaviour with some guidance from WorkSafe. This leaves a gap in the regulatory landscape of workplace health and safety in New Zealand. Opportunities for developing a unique regulatory structure geared towards regulating the due diligence duties become evident upon an examination of some of the literature on regulation. These opportunities are presented here.


2016 ◽  
Vol 78 ◽  
pp. 73-82 ◽  
Author(s):  
F.G. Scrimgeour

This paper provides a stocktake of the status of hill country farming in New Zealand and addresses the challenges which will determine its future state and performance. It arises out of the Hill Country Symposium, held in Rotorua, New Zealand, 12-13 April 2016. This paper surveys people, policy, business and change, farming systems for hill country, soil nutrients and the environment, plants for hill country, animals, animal feeding and productivity, and strategies for achieving sustainable outcomes in the hill country. This paper concludes by identifying approaches to: support current and future hill country farmers and service providers, to effectively and efficiently deal with change; link hill farming businesses to effective value chains and new markets to achieve sufficient and stable profitability; reward farmers for the careful management of natural resources on their farm; ensure that new technologies which improve the efficient use of input resources are developed; and strategies to achieve vibrant rural communities which strengthen hill country farming businesses and their service providers. Keywords: farming systems, hill country, people, policy, productivity, profitability, sustainability


1997 ◽  
Vol 24 (3) ◽  
pp. 397-421 ◽  
Author(s):  
JOHN C. YALDWYN ◽  
GARRY J. TEE ◽  
ALAN P. MASON

A worn Iguanodon tooth from Cuckfield, Sussex, illustrated by Mantell in 1827, 1839, 1848 and 1851, was labelled by Mantell as the first tooth sent to Baron Cuvier in 1823 and acknowledged as such by Sir Charles Lyell. The labelled tooth was taken to New Zealand by Gideon's son Walter in 1859. It was deposited in a forerunner of the Museum of New Zealand, Wellington in 1865 and is still in the Museum, mounted on a card bearing annotations by both Gideon Mantell and Lyell. The history of the Gideon and Walter Mantell collection in the Museum of New Zealand is outlined, and the Iguanodon tooth and its labels are described and illustrated. This is the very tooth which Baron Cuvier first identified as a rhinoceros incisor on the evening of 28 June 1823.


Author(s):  
Richard Mackenzie-Gray Scott

Abstract The conventional understanding of due diligence in international law appears to be that it is a concept that forms part of primary rules. During the preparatory stages in creating the Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA), the International Law Commission (ILC) focused on due diligence as though it could have formed part of secondary rules. Despite this process, no due diligence provision forms part of the ARSIWA. Yet a number of the final provisions are based on primary rules. This is because the ILC relied on the method of extrapolation in attempts to create secondary rules. Extrapolation is a method of international law-making by which the output of an analytical process is reproduced in a different form following an examination of its content that exists in other forms. In using this method, the ILC attempted to create secondary rules by extrapolating from primary rules. Yet it did not do so with respect to due diligence. However, due diligence can be formulated and applied differently by using this same method. This article analyses the steps of this process to construct a vision of where international legal practice should venture in the future. In learning from and amalgamating the dominant trends in different areas of international and domestic law, this article proposes that due diligence could exist as a secondary rule of general international law. By formulating and applying due diligence as a secondary rule, there is potential to develop the general international law applicable to determining state responsibility for the conduct of non-state actors.


ILAR Journal ◽  
2018 ◽  
Vol 59 (2) ◽  
pp. 125-126
Author(s):  
John Bradfield ◽  
Esmeralda Meyer ◽  
John N Norton

Abstract Institutions with animal care and use programs are obligated to provide for the health and well-being of the animals, but are equally obligated to provide for safety of individuals associated with the program. The topics in this issue of the ILAR Journal, in association with those within the complimentary issue of the Journal of Applied Biosafety, provide a variety of contemporary occupational health and safety considerations in today’s animal research programs. Each article addresses key or emerging occupational health and safety topics in institutional animal care and use programs, where the status of the topic, contemporary challenges, and future directions are provided.


Polar Record ◽  
2021 ◽  
Vol 57 ◽  
Author(s):  
Patrick Flamm

Abstract While the Antarctic Treaty System intended to keep Antarctica an area of international cooperation and science free from militarisation and international conflict, the region has not been completely shielded from global power transitions, such as decolonisation and the end of the Cold War. Presently, emerging countries from Asia are increasingly willing to invest in polar infrastructure and science on the back of their growing influence in world politics. South Korea has also invested heavily in its Antarctic infrastructure and capabilities recently and has been identified as an actor with economic and political interests that are potentially challenging for the existing Antarctic order. This article first assesses the extent and performance of the growing bilateral cooperation between South Korea and one of its closest partners, New Zealand, a country with strong vested interests in the status quo order. How did the cooperation develop between these two actors with ostensibly diverging interests? This article finds that what may have been a friction–laden relationship, actually developed into a win-win partnership for both countries. The article then moves on to offer an explanation for how this productive relationship was made possible by utilising a mutual socialisation approach that explores socio-structural processes around status accommodation.


2001 ◽  
Vol 34 (2) ◽  
pp. 193-203 ◽  
Author(s):  
Clare O'donnell ◽  
Christine Stephens

In recent years workplace stress has been seen as an important occupational health and safety problem and probation officers in New Zealand have been identified as suffering from increasing perceptions of stress. Accordingly, the present study was undertaken with a sample of 50 New Zealand Probation Officers in three offices to examine the relationship of individual, organisational and work stressors with work related strains. It was predicted that work stressors would be positively related to strains and that individual differences (e.g., age or gender) would have a moderating effect on the relationship between stressors and strains. The results showed that stressors caused by organisational problems, such as role boundary and overload, were related to strains, more strongly than job content problems, such as difficult clients. Secondly, age may have a curvilinear relationship to strains. Thirdly, the office, or place of work, moderates the stressor strain relationship.


1951 ◽  
Vol 45 (1) ◽  
pp. 1-17 ◽  
Author(s):  
James K. Pollock

In presenting my valedictory to this distinguished Association which has honored me by selecting me as its President, I should like to point out by way of introduction what has happened to this office, and therefore to me, during the past year. I have heard of one of my distinguished predecessors some twenty-five years ago who had little else to do as President of this Association than work all year on his presidential address. This was important work and I have no word of criticism of it. But the Association has changed, and today it leaves to the harried wearer of its presidential toga little time to reflect about the status of political science and his own impact, if any, upon it. An active Association life, now happily centered in our new Washington office, is enough to occupy the full time of your President, and universities as well as this Association might well take note. Therefore, in presenting my own reflections to you this evening in accordance with the custom of our Association, I do so without the benefit of the generous time and scholarly leisure which were the privileges of some of my distinguished predecessors.Nevertheless I do base my presidential address today upon my own active participation in the problems of government, as well as upon my scholarly experience. I have extracted it in part from the dynamics of pulsating political life. It has whatever authority I may possess after having been exposed these twenty-five years to the cross-fire of politics, domestic and foreign, as well as to the benign and corrective influences of eager students and charitable colleagues.


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