Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


High Court upholds decision on workplace safety onus

High Court upholds decision on workplace safety onus

4 July 2013

High Court upholds decision on workplace safety onus

The High Court has rejected an appeal from the former Department of Labour about workplace safety, which will be of particular interest for companies involved in the Christchurch rebuild.

It has upheld an earlier decision of the District Court that in some cases, where a head contractor delegates technical work to a sub-contractor, the responsibility for ensuring the work is carried out safely will rest with the sub-contractors. A head contractor cannot be expected to guarantee the technical work of a specialist sub-contractor.

Southroads Ltd was prosecuted by the then Department of Labour over an accident caused by the negligent piling work of one of its sub-contractors. The District Court Judge dismissed the charge against Southroads. The Department of Labour appealed.

Stephanie Grieve, a Duncan Cotterill litigation partner specialising in Health & Safety, defended Southroads in the case.

She said the issue would always depend on the circumstances but that the case is important in clarifying the extent of a head contractor’s liability for safety issues arising from work carried out by sub-contractors.

“This is a common sense decision which recognises that in the construction industry it is usual for head contractors to delegate aspects of work to sub-contractors. While the head contractor will still be responsible for ensuring overall safety on the site, it cannot be expected to guarantee that sub-contractors do not cause safety issues by failing to carry out their tasks correctly. What is required of a head contractor will depend on the work it has delegated and how obvious the safety risk is.”

Grieve said the High Court agreed with the original finding that, while Southroads was responsible for overall management of the project, including monitoring general health and safety on site, it was not required to oversee the technical aspects of work that it had contracted out to a specialist sub-contractor.

The High Court said there was no reason for Southroads to expect that the sub-contractor would make a fundamental error in carrying out the design and construction work it had been engaged to do. The sub-contractor’s error was not something that would have been obvious to Southroads.

ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Labour/Greens Deal (And The NZDF)

If Labour and the Greens were hoping their Budget Responsibility Rules (BRR) agreement would foster an unlikely alliance then hey… mission accomplished! Because it isn’t every day that Sue Bradford, the CTU and Matthew Hooton speak with one voice, as happened yesterday.

Unfortunately though, it’s hard to see how the BRR agreement will work to the advantage of Labour and the Greens in the context of the 2017 election campaign. More>>

 

Little Heading For Court: Apology Over Donation/Hotel Contract Claims Not Accepted

Today I want to publicly apologise unreservedly to Mr Hagaman for any hurt, embarrassment or adverse reflection on his reputation which may have resulted from my various media statements. I have offered that apology to the Hagamans. More>>

ALSO:

Biscuit Tin Of Democracy: World Heritage Site Protection, Ombudsman and Equal Pay Bills Drawn

On Thursday, 23 March 2017 three places are available on the Order Paper for the first reading of a Member’s bill. The ballot was held, and resulted in the following bills being drawn... More>>

ALSO:

Emissions Plan: NZ Needs More Science, More Trees, Fewer Beasts

A combination of technology breakthroughs, much more plantation forestry, and a big switch away from pastoral, particularly dairy farming, are identified as the key elements of any approach New Zealand takes to reducing its carbon emissions to a net zero level, according to a new report sponsored by the New Zealand chapter of GLOBE, a multi-party, global parliamentary grouping. More>>

ALSO:

"Backed To Win Seats": Labour Māori Seat MPs Won't Stand On List

The Labour Party is backing a request from its Māori seat MPs to stand as electorate MPs only, says Labour Leader Andrew Little. More>>

OutsKey: John Key's Valedictory Speech

I rise to address this House for the very last time. It has been a huge privilege to have served the people of Helensville as their member of Parliament, and, of course, the people of New Zealand as their Prime Minister. More>>

ALSO:

Productivity Commission: New Models Of Tertiary Education Are Coming

The report is a broad-ranging inquiry into how well New Zealand’s tertiary education system is set up to respond to emerging trends in technology and the internationalisation of education, and changes in the structure of the population, and the skills needed in the economy and society... More>>

ALSO:

PM's Press Conference: Water Everywhere

Monday's Post-Cabinet press conference focused on water, with the Prime Minister fielding questions about the possibility pricing water taken for export. Mr English said the government was directing their water allocation technical advisory group to include export water in considerations. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news