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WorkSafe New Zealand v Sproull [2021] NZDC 195

Published 26 June 2024

Sentencing — failed to assist WorkSafe investigators — failed to attend scheduled appointment for interview — fair trial rights — costs — Health and Safety at Work Act 2015, s 152(1) — New Zealand Bill of Rights Act 1990. The defendant appeared for sentence after being found guilty on charges of failing to assist WorkSafe investigators and failing to attend a scheduled appointment for interview. He was the director of a dairy-farming business who had failed his obligation to assist WorkSafe investigators. The Court found that the defendant had been entitled to seek proof that WorkSafe was indeed entitled to claim assistance from him, but his actions had gone beyond this and reached the point of intentional obstruction of the investigation. Likewise, as a company director the defendant had been obliged to attend an interview but had deliberately failed to do so. The WorkSafe investigation had been routine rather than being done in response to any concerns, and the Court observed that the investigation had served a positive function in that it was a proactive attempt to make sure that business owners were aware of their obligations under the Health and Safety at Work Act. With regards to the trial, the Court rejected the defendant's claims that it had breached his rights under the New Zealand Bill of Rights Act. Nevertheless the offending fell at the low end of seriousness, and the Court imposed a fine of $2000 on each charge, as well as costs of $4395.09. Judgment Date: 11 January 2021.