Health and safety litigation has taken center stage in New Zealand, with a particular focus on officer liability following the Ports of Auckland incident and WorkSafe’s new prosecution strategy. In a recent episode of the 2025 Litigation Forecast podcast series, experts Joshua Kimpton and Matthew Ferrier shed light on the latest developments in this area. The discussion delves into the notable Gibson case, which has significant implications for corporate governance.
The Gibson case, which involves a chief executive officer found guilty of breaching officer duties after a fatal incident at Ports of Auckland, sets a precedent for holding officers of large companies accountable for breaches of duty. Matthew Ferrier emphasizes the importance of understanding the distinction between officer duties and the duties of the PCBU. The case’s appeal and potential legislative changes further add complexity to the evolving landscape of health and safety litigation.
Joshua and Matthew explore the key facts and issues surrounding the Gibson case, including the charges against Mr. Gibson and the factors that led to his conviction. They discuss the court’s principles for officer due diligence duties, highlighting crucial takeaways for officers to ensure compliance and effective health and safety management. Understanding critical risks, differentiating between controls, clarifying responsibilities, and addressing audit findings are key components of this discussion.
The conversation then shifts to WorkSafe’s new prosecution strategy, driven by political and public pressure. This strategy focuses on three types of harm – acute, chronic, and catastrophic – and targets high-risk industries such as construction, manufacturing, agriculture, and forestry. The renewed emphasis on critical risks aligns with recent legislative changes and underscores the importance of maintaining a robust health and safety framework.
Matthew speculates on the potential outcomes of Mr. Gibson’s appeal, highlighting the focus on the judge’s approach to duty and the effectiveness of holding individuals accountable for failures within the PCBU. Legislative changes proposed by the Minister for Workplace Relations and Safety aim to clarify governance and management responsibilities, further shaping the landscape of health and safety litigation in New Zealand.
Further developments in health and safety litigation are discussed, including the High Court decision on the Section 37 duty and its implications for individuals with management or control of a workplace. The legislative changes announced to clarify responsibilities in recreational activities underscore the ongoing evolution of health and safety laws in the country.
As businesses navigate these latest health developments, the insights shared by experts like Joshua Kimpton and Matthew Ferrier provide valuable guidance on staying compliant and proactive in managing health and safety risks. The evolving regulatory landscape underscores the importance of a robust health and safety framework to protect both employees and businesses from potential liabilities and ensure a safe working environment for all.