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

 


District Court Wrong on Charanpreet Dhaliwal's Death

15 October 2013


District Court Decision Wrong on Charanpreet Dhaliwal's Death


The decision yesterday by the Waitakere District Court that the employer of murdered security guard Charanpreet Dhaliwal did not need to take further steps to ensure his safety lowers the bar for all workers making them all less safe, CTU President Helen Kelly said today.


“The agreed facts included in the judgement show little care was taken when Mr Dhaliwal was engaged including an unclear induction process, no regular system for checking, no easy method of communications and insufficient scrutiny of the employees ability to safety undertake the job, yet the Court has said all of this is acceptable."


"It even finds the because the communication of the numerous security issues on the site had not been properly examined between Fulton Hogan and the Security Company, this was excusable."


Helen Kelly says "effectively, this decision says not having a system, employing someone on the day, leaving them alone in the dark unchecked until four in the morning and using some shonkyuncertain induction process meets the requirements of the Health and Safety Act – in doing so the Judge has effectively endorsed the worst kind of sloppy practice, and this wasdespite an industry expert saying it was not up to industry standard."


“We know from the Health and Safety Taskforce that the District Courts are failing to properly interpret the Health and Safety Act and do not have sufficient numbers of cases to build expertise in this area. The Taskforce recommends a speciality judiciary be established trained to do this work, but that will be too late for Charanpreet. If the test of all practicable steps is a few quick words on a dark night to take care – then any employer is likely to meet it," Helen Kelly said.


“We have here a young man with little experience, dead after one night at work on a remote building site after a 20 minute induction from a young man who himself had only one night experience and now we have a judge saying the law says this is acceptable. Far from enforcing the positive duty to actively take steps to prevent him from harm, this judge has created an intolerably low threshold of care," says Helen Kelly.


Charanpreet's mother is still in New Zealand following the unsuccessful prosecution of the man accused of his murder.

Family spokesperson Jafjit Singh said “Mrs Kaur is devastated by yesterdays findings by the Court. She now believes there are serious problems with the New Zealand justice system that no one has been found accountable for what on any measure, was a dangerous job her son undertook that night."

"She will return to India a broken women if no efforts are made to recognise the wrong done to her boy. It appears no one wants to take responsibility for what happened to Charanpreet and it is time the New Zealand Government changed the system," said Mr Singh.

The CTU is calling on the Ministry to appeal the decision.


ends

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

 

Departure Speech: Governor-General’s State Farewell Luncheon

"...Unfortunately I was unable to get to the Antarctic, the Chatham Islands and the Kermadecs. A dicky heart thwarted our travel to the Antarctic; and even though I volunteered to parachute into the Kermadecs to join the Young Blake expedition, time, commitments and officials frustrated my plans to visit the Kermadecs and Chathams." More>>

ALSO:

New Research: Most Homeless People Working Or Studying

“The cost of housing has been rising without corresponding increases in income, whilst the number of state houses per capita has been in decline. Many low-income people are missing out on housing, whether we recognise them as ‘homeless’ or not. More>>

ALSO:

Post-Traynor: New Offender Info Sharing Plan

“This Bill delivers on that step-change by moving away from name-based records held by individual agencies to a shared, anchor identity based on unalterable information, such as fingerprints and facial recognition. It also gives agencies access to the drivers’ licence photo database and birth, death and marriages information." More>>

  • NZ Law Foundation - New $2M fund for research on information challenges
  • Littoral: New Ship To Deliver Enhanced Naval Capability

    Defence Minister Gerry Brownlee says the Government has approved a Ministry of Defence and New Zealand Defence Force recommendation to request tenders for a new naval ship to support littoral operations. More>>

    July:

    After King's Labour Snub: Māori Party And Kiingitanga To Work Together

    Māori Party Co-leaders Te Ururoa Flavell and Marama Fox met with Kiingitanga representatives in Wellington yesterday to discuss working together on key issues for the betterment of Māori. More>>

    ALSO:

    Waitangi Claim On Rehabilitation: The 'Justus' System For Māori Not Good Enough

    Closing statements at the Waitangi Tribunal case against Corrections called for immediate steps and a comprehensive review to address the high rate of Māori reoffending. More>>

    ALSO:

    Advice: PM Sets Rules For Ministers' Treatment Of Public Servants

    Prime Minister John Key has laid down the law about the way ministers and public servants should interact, saying ministers may not always like the advice they receive, but they must listen to it carefully, respectfully and professionally. More>>

    Gordon Campbell: On The Funding Changes In Special Needs Education, And Uber

    The plan to strip out the educational support for older “special needs” children in order to meet the existing shortfall in funding for special needs in early childhood education is so miserly and relentlessly stupid as to defy belief… More>>

    SPECIAL EDUCATION (& More):

    Online Learning Plans:

    Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news