Why did this take a private prosecution?

Written By: - Date published: 9:54 am, August 4th, 2015 - 15 comments
Categories: accountability, health and safety, Unions - Tags: , ,

From RNZ last night:

Private prosecution win over forestry worker’s death

The Council of Trade Unions (CTU) has won a private prosecution against a Tokoroa forestry company over the death of a worker, after the government safety regulator declined to prosecute.

In 2013, loader driver Charles Finlay was crushed to death by a log while working in the dark. WorkSafe investigated but said it could not find enough evidence of wrongdoing to prosecute the 45-year-old’s employer, M & A Cross Ltd.

But now M & A Cross Ltd has pleaded guilty in the Rotorua District Court to breaches under the Health and Safety Act. CTU lawyer Nigel Hampton QC said he was skeptical about WorkSafe’s ability after representing the families of miners killed in the Pike River disaster in 2010. … He said the CTU did not do anything differently in its private prosecution to what WorkSafe would have done had it decided to proceed with its prosecution. …

Well done to the CTU. But it shouldn’t take a private prosecution – WorkSafe needs to lift its game.

15 comments on “Why did this take a private prosecution? ”

  1. RedLogix 1

    And as Nigel Hampton also points out; it opens some very pointy questions about Worksafe’s failure to prosecute over Pike River.

    In my opinion Worksafe is being politically interfered with. There will be no paper trail, emails or texts.(Unless they are being more monumentally stupid than usual).

    Nah – a few quiet drinkies and hints of a ‘bright professional future’ would be all it takes.

    • mickysavage 1.1

      Controlling the budget for prosecutions is a very effective way to stymie cases.

      • dukeofurl 1.1.1

        “16 December 2013
        WorkSafe New Zealand starts work this morning to transform New Zealand-wide attitudes and performance in workplace health and safety.

        WorkSafe NZ Chair, Professor Gregor Coster says the new Crown Agency has the mandate and the resources to play its critical role in looking to ensure workers in New Zealand come home healthy and safe every day.

        “For the first time in recent history, the workplace health and safety regulator is now properly funded, high on the Government’s agenda, and breaking into the consciousness of more and more Kiwis.”

        Who is one to believe?

        “We will build high quality working relationships with industry and workers – and their representative organisations, such as Business NZ and NZCTU”
        Must be some other CTU ?

        http://www.business.govt.nz/worksafe/news/releases/2013/worksafe-new-zealand-launched

        • dukeofurl 1.1.1.1

          The bad news is that CTU has three other cases in pipeline!

          Too incredible for words .

          • Skinny 1.1.1.1.1

            Work Safe are full of noise to workers and Unions then as Mikey Savvy says “think of their funding” under this corrupt regime in charge, and very quickly dampen the noise down to a whisper. I was at a conference where some bottom feeders from Work Safe were guest speakers. I put them on the spot over the piss weak whistleblower legislation. All one of these goons could come up with when the audience gave them the hard glare, was call our 0800 number and we will sort it…be safe and thanks for your time. Ffs it was laughable, if it wasn’t such a serious issue.

            The opposition party’s could well look to stiffen up the protected disclosures ACT so any worker speaking up gets full protection from vengeful employers, including hefty fines and penalties to the bad bosses, and large compensation to the whistle blower.

        • Wensleydale 1.1.1.2

          That’s the biggest pile of arse I’ve read in years.

  2. Tricledrown 2

    The party of personal responsibility and let’s get tough on criminals.
    Pure hypocracy manslaughter charges would be brought against those responsible in most jurisdictions around the world.
    Where is Garth Mc Vicar.

  3. Tricledrown 3

    Minimum wage workers don’t count.
    Mobie should also be prosecuted for manslaugter by negligence of Duty failing to keep work places safe.
    Then also prosecuted for perverting the course of justice.
    And accessory to a crime.
    Come on where’s the sensible sentencing trust when you need them.

  4. Keith 4

    Could it be as simple as this; WorkSafe NZ being a creation of the ideological freak laboratory of the National Party has a brief to be as accommodating to business as is possible, to the point of ignoring the laws, even as watered down as they are?

    Does WorkSafe’s corporate mission statement read; “The safety and preservation of shareholder profits are paramount in our calculation of culpability and any individual whose safety demands tax such profits must be seen as the offender”.

  5. Tricledrown 5

    Mobie it should be.
    Click to edit button doesn’t work

  6. James 6

    As someone who disagrees with almost every post on the Standard – I agree with you on this one.

    Well done CTU and yes – Worksafe should a) raise their game and b) be accountable for stuffing this up.

    • dukeofurl 6.1

      3 more CTU run prosecutions on work place deaths coming. Not sure if they are forestry ?

  7. Rosemary McDonald 7

    WorkSafe NZ has prosecuted in the event of a death in the workplace.

    In this instance, the employer was prosecuted for ” failing to take all practicable steps to ensure people were not harmed by employees, a charge laid under the Health and Safety in Employment Act.”

    A guilty plea, and a fine.

    http://www.stuff.co.nz/manawatu-standard/news/67179705/Palmerston-North-respite-home-fined-63k-over-teens-drowning

    http://www.stuff.co.nz/manawatu-standard/news/67213437/Nathan-Bookers-death-totally-preventable-says-judge

    The employee now faces a manslaughter charge.

    http://www.stuff.co.nz/manawatu-standard/news/68359014/Nathan-Booker-death-Woman-arrested-a-year-after-teen-died-in-bath

    Wearing my disability rights hat…well and good. This worker’s negligence cost a young man his life. They should be held accountable.

    Wearing my workers’ rights hat…

  8. Atiawa 8

    A friend working on a Taranaki land based rig four years ago suffered a serious workplace injury while working on the drill floor. The job (slips) required three workers and the company provided only two. He wasn’t a union member but the union assisted him at MBIE.
    His injuries included a broken leg, heel and ankle. There was no qualified first aider or procedures to follow for such an event, and he was lifted from the drill floor to the lunch room whereby the company man placed a bag of frozen peas on his leg ( how thoughtful). My friend explained that the injury was serious and to ring an ambulance. Instead of heeding that advice from the injured party the company man with the assistance of colleagues placed him in the back of a ute and drove him to New Plymouth hospital, and in the process through the town of Stratford – which has an ambulance service -. Upon there arrival in New Plymouth my friend was required to give the driver instructions as to where the base hospital is. He spent several weeks in hospital and walks with a permanent limp. His mental health was affected for quite some time.
    WorkSafe refused to prosecute. There argument being that the company had since improved the practice of utilising two workers when three were required.
    When the union went into the workplace (the hotel where they stayed) to recruit the workers and sign them into the Multi Employer Collective Agreement covering these workers along with electing delegates and H&S rep’s, and although they were all keen to join, upon reading their Individual Employment Agreements and within 24 hours of joining, rang the union stating that they feared for their jobs as the IEA (agreement – take it or leave it, so unsure how that constitutes an “agreement” ) had the 90 day trial period included and if the company knew they had joined the union, their jobs were in jeopardy.

  9. Save NZ 9

    The Nats cronyism and interference is paying government officials NOT to do their job. No wonder the country is in deficit!

    Remember Susan Devoy being advised NOT to answer her phone. Her job is to follow instructions and NOT do anything.

    WorkSafe seem to prosecute the ‘small players’ – farmers when a quad bike rolls for example.

    For the big business – nothing to see here.

    Like Pike River no justice done – just a whitewash enquiry.

    The focus of prosecuting small players does two things, it makes small business lobby for less regulation and appear to support the big players who get to do virtually what ever they like. And their is no back lash against the dwindling controls or fairness in the workplace because MSM publishes these pathetic cases that appear to be beating up the little guy.

    This technique is also being used with RMA. Make the average joe sweat just to do minor consents, and then devastate the environment both rural and urban with sweeping changes that enable big players to do what ever they want in this country – hell even the little guys now just need to get a planner, write a 100 page report that finds zero effects, and bobs your uncle – no worries – everything is granted – you don’t need to follow rules anymore.

    Just like safety regulations in the workplace.

Recent Comments

Recent Posts

  • EV road user charges bill passes
    Transport Minister Simeon Brown has welcomed the passing of legislation to move light electric vehicles (EVs) and plug-in hybrid electric vehicles (PHEVs) into the road user charges system from 1 April.  “It was always intended that EVs and PHEVs would be exempt from road user charges until they reached two ...
    BeehiveBy beehive.govt.nz
    5 hours ago
  • Bill targets illegal, unregulated fishing in international waters
    New Zealand is strengthening its ability to combat illegal fishing outside its domestic waters and beef up regulation for its own commercial fishers in international waters through a Bill which had its first reading in Parliament today. The Fisheries (International Fishing and Other Matters) Amendment Bill 2023 sets out stronger ...
    BeehiveBy beehive.govt.nz
    6 hours ago
  • Reserve Bank appointments
    Economists Carl Hansen and Professor Prasanna Gai have been appointed to the Reserve Bank Monetary Policy Committee, Finance Minister Nicola Willis announced today. The Monetary Policy Committee (MPC) is the independent decision-making body that sets the Official Cash Rate which determines interest rates.  Carl Hansen, the executive director of Capital ...
    BeehiveBy beehive.govt.nz
    7 hours ago
  • Stronger protections for apartment owners
    Apartment owners and buyers will soon have greater protections as further changes to the law on unit titles come into effect, Housing Minister Chris Bishop says. “The Unit Titles (Strengthening Body Corporate Governance and Other Matters) Amendment Act had already introduced some changes in December 2022 and May 2023, and ...
    BeehiveBy beehive.govt.nz
    9 hours ago
  • Travel focused on traditional partners and Middle East
    Foreign Minister Winston Peters will travel to Egypt and Europe from this weekend.    “This travel will focus on a range of New Zealand’s traditional diplomatic and security partnerships while enabling broad engagement on the urgent situation in Gaza,” Mr Peters says.   Mr Peters will attend the NATO Foreign ...
    BeehiveBy beehive.govt.nz
    9 hours ago
  • Keep safe on our roads this Easter
    Transport Minister Simeon Brown is encouraging all road users to stay safe, plan their journeys ahead of time, and be patient with other drivers while travelling around this Easter long weekend. “Road safety is a responsibility we all share, and with increased traffic on our roads expected this Easter we ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • Cost of living support for over 1.4 million Kiwis
    About 1.4 million New Zealanders will receive cost of living relief through increased government assistance from April 1 909,000 pensioners get a boost to Superannuation, including 5000 veterans 371,000 working-age beneficiaries will get higher payments 45,000 students will see an increase in their allowance Over a quarter of New Zealanders ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • Tenancy reviews for social housing restart
    Ensuring social housing is being provided to those with the greatest needs is front of mind as the Government restarts social housing tenancy reviews, Associate Housing Minister Tama Potaka says. “Our relentless focus on building a strong economy is to ensure we can deliver better public services such as social ...
    BeehiveBy beehive.govt.nz
    12 hours ago
  • Kermadec Ocean Sanctuary plan halted
    The Kermadec Ocean Sanctuary will not go ahead, with Cabinet deciding to stop work on the proposed reserve and remove the Bill that would have established it from Parliament’s order paper. “The Kermadec Ocean Sanctuary Bill would have created a 620,000 sq km economic no-go zone,” Oceans and Fisheries Minister ...
    BeehiveBy beehive.govt.nz
    13 hours ago
  • Cutting all that dam red tape
    Dam safety regulations are being amended so that smaller dams won’t be subject to excessive compliance costs, Minister for Building and Construction Chris Penk says. “The coalition Government is focused on reducing costs and removing unnecessary red tape so we can get the economy back on track.  “Dam safety regulations ...
    BeehiveBy beehive.govt.nz
    13 hours ago
  • Drought support extended to parts of North Island
    The coalition Government is expanding the medium-scale adverse event classification to parts of the North Island as dry weather conditions persist, Agriculture Minister Todd McClay announced today. “I have made the decision to expand the medium-scale adverse event classification already in place for parts of the South Island to also cover the ...
    BeehiveBy beehive.govt.nz
    14 hours ago
  • Passage of major tax bill welcomed
    The passing of legislation giving effect to coalition Government tax commitments has been welcomed by Finance Minister Nicola Willis.  “The Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Bill will help place New Zealand on a more secure economic footing, improve outcomes for New Zealanders, and make our tax system ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Lifting economy through science, tertiary sectors
    Science, Innovation and Technology Minister Judith Collins and Tertiary Education and Skills Minister Penny Simmonds today announced plans to transform our science and university sectors to boost the economy. Two advisory groups, chaired by Professor Sir Peter Gluckman, will advise the Government on how these sectors can play a greater ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Government announces Budget priorities
    The Budget will deliver urgently-needed tax relief to hard-working New Zealanders while putting the government’s finances back on a sustainable track, Finance Minister Nicola Willis says.  The Finance Minister made the comments at the release of the Budget Policy Statement setting out the Government’s Budget objectives. “The coalition Government intends ...
    BeehiveBy beehive.govt.nz
    1 day ago
  • Government to consider accommodation solution
    The coalition Government will look at options to address a zoning issue that limits how much financial support Queenstown residents can get for accommodation. Cabinet has agreed on a response to the Petitions Committee, which had recommended the geographic information MSD uses to determine how much accommodation supplement can be ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Government approves extension to Royal Commission of Inquiry into Abuse in Care
    Cabinet has agreed to a short extension to the final reporting timeframe for the Royal Commission into Abuse in Care from 28 March 2024 to 26 June 2024, Internal Affairs Minister Brooke van Velden says.                                         “The Royal Commission wrote to me on 16 February 2024, requesting that I consider an ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • $18m boost for Kiwis travelling to health treatment
    The coalition Government is delivering an $18 million boost to New Zealanders needing to travel for specialist health treatment, Health Minister Dr Shane Reti says.   “These changes are long overdue – the National Travel Assistance (NTA) scheme saw its last increase to mileage and accommodation rates way back in 2009.  ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • PM’s Prizes for Space to showcase sector’s talent
    The Government is recognising the innovative and rising talent in New Zealand’s growing space sector, with the Prime Minister and Space Minister Judith Collins announcing the new Prime Minister’s Prizes for Space today. “New Zealand has a growing reputation as a high-value partner for space missions and research. I am ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Concerns conveyed to China over cyber activity
    Foreign Minister Winston Peters has confirmed New Zealand’s concerns about cyber activity have been conveyed directly to the Chinese Government.     “The Prime Minister and Minister Collins have expressed concerns today about malicious cyber activity, attributed to groups sponsored by the Chinese Government, targeting democratic institutions in both New ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Independent Reviewers appointed for School Property Inquiry
    Independent Reviewers appointed for School Property Inquiry Education Minister Erica Stanford today announced the appointment of three independent reviewers to lead the Ministerial Inquiry into the Ministry of Education’s School Property Function.  The Inquiry will be led by former Minister of Foreign Affairs Murray McCully. “There is a clear need ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Brynderwyns open for Easter
    State Highway 1 across the Brynderwyns will be open for Easter weekend, with work currently underway to ensure the resilience of this critical route being paused for Easter Weekend to allow holiday makers to travel north, Transport Minister Simeon Brown says. “Today I visited the Brynderwyn Hills construction site, where ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Speech to the Infrastructure Funding & Financing Conference
    Introduction Good morning to you all, and thanks for having me bright and early today. I am absolutely delighted to be the Minister for Infrastructure alongside the Minister of Housing and Resource Management Reform. I know the Prime Minister sees the three roles as closely connected and he wants me ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Parliamentary network breached by the PRC
    New Zealand stands with the United Kingdom in its condemnation of People’s Republic of China (PRC) state-backed malicious cyber activity impacting its Electoral Commission and targeting Members of the UK Parliament. “The use of cyber-enabled espionage operations to interfere with democratic institutions and processes anywhere is unacceptable,” Minister Responsible for ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • NZ to provide support for Solomon Islands election
    Foreign Minister Winston Peters and Defence Minister Judith Collins today announced New Zealand will provide logistics support for the upcoming Solomon Islands election. “We’re sending a team of New Zealand Defence Force personnel and two NH90 helicopters to provide logistics support for the election on 17 April, at the request ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • NZ-EU FTA gains Royal Assent for 1 May entry to force
    The European Union Free Trade Agreement Legislation Amendment Bill received Royal Assent today, completing the process for New Zealand’s ratification of its free trade agreement with the European Union.    “I am pleased to announce that today, in a small ceremony at the Beehive, New Zealand notified the European Union ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • COVID-19 inquiry attracts 11,000 submissions
    Public consultation on the terms of reference for the Royal Commission into COVID-19 Lessons has concluded, Internal Affairs Minister Hon Brooke van Velden says.  “I have been advised that there were over 11,000 submissions made through the Royal Commission’s online consultation portal.” Expanding the scope of the Royal Commission of ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Families to receive up to $75 a week help with ECE fees
    Hardworking families are set to benefit from a new credit to help them meet their early childcare education (ECE) costs, Finance Minister Nicola Willis says. From 1 July, parents and caregivers of young children will be supported to manage the rising cost of living with a partial reimbursement of their ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Unlocking a sustainable, low-emissions future
    A specialised Independent Technical Advisory Group (ITAG) tasked with preparing and publishing independent non-binding advice on the design of a "green" (sustainable finance) taxonomy rulebook is being established, Climate Change Minister Simon Watts says.  “Comprising experts and market participants, the ITAG's primary goal is to deliver comprehensive recommendations to the ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Chief of Army thanked for his service
    Defence Minister Judith Collins has thanked the Chief of Army, Major General John Boswell, DSD, for his service as he leaves the Army after 40 years. “I would like to thank Major General Boswell for his contribution to the Army and the wider New Zealand Defence Force, undertaking many different ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Minister to meet Australian counterparts and Manufacturing Industry Leaders
    25 March 2024 Minister to meet Australian counterparts and Manufacturing Industry Leaders Small Business, Manufacturing, Commerce and Consumer Affairs Minister Andrew Bayly will travel to Australia for a series of bi-lateral meetings and manufacturing visits. During the visit, Minister Bayly will meet with his Australian counterparts, Senator Tim Ayres, Ed ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Government commits nearly $3 million for period products in schools
    Government commits almost $3 million for period products in schools The Coalition Government has committed $2.9 million to ensure intermediate and secondary schools continue providing period products to those who need them, Minister of Education Erica Stanford announced today. “This is an issue of dignity and ensuring young women don’t ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Speech – Making it easier to build.
    Good morning, it’s great to be here.   First, I would like to acknowledge the New Zealand Institute of Building Surveyors and thank you for the opportunity to be here this morning.  I would like to use this opportunity to outline the Government’s ambitious plan and what we hope to ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Pacific youth to shine from boost to Polyfest
    Minister for Pacific Peoples Dr Shane Reti has announced the Government’s commitment to the Auckland Secondary Schools Māori and Pacific Islands Cultural Festival, more commonly known as Polyfest. “The Ministry for Pacific Peoples is a longtime supporter of Polyfest and, as it celebrates 49 years in 2024, I’m proud to ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • 2024 Ngarimu VC and 28th (Māori) Battalion Memorial Scholarships announced
    ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Speech to Breast Cancer Foundation – Insights Conference
    Before moving onto the substance of today’s address, I want to recognise the very significant and ongoing contribution the Breast Cancer Foundation makes to support the lives of New Zealand women and their families living with breast cancer. I very much enjoy working with you. I also want to recognise ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Kiwi research soars to International Space Station
    New Zealand has notched up a first with the launch of University of Canterbury research to the International Space Station, Science, Innovation and Technology and Space Minister Judith Collins says. The hardware, developed by Dr Sarah Kessans, is designed to operate autonomously in orbit, allowing scientists on Earth to study ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Speech to the New Zealand Planning Institute
    Introduction Thank you for inviting me to speak with you today and I’m sorry I can’t be there in person. Yesterday I started in Wellington for Breakfast TV, spoke to a property conference in Auckland, and finished the day speaking to local government in Christchurch, so it would have been ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Support for Northland emergency response centre
    The Coalition Government is contributing more than $1 million to support the establishment of an emergency multi-agency coordination centre in Northland. Emergency Management and Recovery Minister Mark Mitchell announced the contribution today during a visit of the Whangārei site where the facility will be constructed.  “Northland has faced a number ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Celebrating 20 years of Whakaata Māori
    New Zealanders have enjoyed a broader range of voices telling the story of Aotearoa thanks to the creation of Whakaata Māori 20 years ago, says Māori Development Minister Tama Potaka. The minister spoke at a celebration marking the national indigenous media organisation’s 20th anniversary at their studio in Auckland on ...
    BeehiveBy beehive.govt.nz
    7 days ago
  • Some commercial fishery catch limits increased
    Commercial catch limits for some fisheries have been increased following a review showing stocks are healthy and abundant, Ocean and Fisheries Minister Shane Jones says. The changes, along with some other catch limit changes and management settings, begin coming into effect from 1 April 2024. "Regular biannual reviews of fish ...
    BeehiveBy beehive.govt.nz
    7 days ago

Page generated in The Standard by Wordpress at 2024-03-28T09:15:31+00:00