A recent sentencing in the District Court highlights the significant penalties that can arise from preventable workplace fatalities. The decision reinforces how the Health and Safety at Work Act 2015 (Act) is being applied to ensure businesses are held accountable when they fail to identify and manage critical risks.
WorkSafe v NZ Solid Limited
The workplace incident involved a delivery of timber to a residential site when the operating crane struck live power lines in August 2023, resulting in a fatality.
NZ Solid Limited (NZ Solid) were charged under sections 36(1)(a), 48(1), and 29(2)(c) of the Act for:
- Failing to ensure the health and safety of workers.
- Failing to comply with the duty that exposes individuals to risk of serious injury or death.
- Being indemnified or agreeing to be indemnified by another person for liability to pay a fine or an infringement fee under the Act.
They were sentenced at the North Shore District Court, which imposed a fine of $330,000 along with an unspecified amount in reparations. The incident was described as ‘preventable’ by WorkSafe’s regional manager, given that it involved work near live power lines, a well-known hazard.
WorkSafe’s investigation found serious failures in how NZ Solid planned and executed the job. Mainly that it:
- relied on verbal instructions
- had an inadequate lift plan
- failed to properly assess the risks.
Workplace fatalities in New Zealand
It has been a decade since New Zealand’s health and safety framework underwent significant reform following the introduction of the Act. Despite this legislative transformation, workplace fatalities in New Zealand remain high.
In 2024, 70 people lost their lives to work-related injuries in New Zealand, an average of more than one death every week.[1] New Zealand’s fatality rate is 1.6 times higher than that of Australia and 6.5 times higher than the United Kingdom.
Poor health and safety performance reportedly cost an estimated $5.4 billion last year, or 1.3% of GDP.[2]
Reform
New Zealand’s fatality rate today mirrors Australia’s position 16 years ago and the United Kingdom’s 40 years ago. The Government has signalled changes aimed at:
- Reducing tick-box activities – focusing on critical risks and reducing activities that do not protect workers from harm.
- Clarifying overlapping duties – clarifying the boundaries between the HSWA and other regulatory systems that manage the same risk.
- Cutting compliance costs – only significant workplace events such as deaths, serious injuries, illnesses and incidents will attract mandatory notification requirements.
We have previously covered these changes in more detail here. Legislation reforming the Act was expected to be introduced before the end of this year and passed in early 2026, so we’ll need to wait and see what specific developments it brings. In the meantime, businesses should start reviewing their approach to workplace safety to stay ahead.
For assistance or more information on the above or any other workplace law matters, please do not hesitate to contact a member of our specialist Employment team.
Author: Nina Webb
[1] “Fatalities Summary” (6 June 2025) WorkSafe New Zealand.
[2] Shamubeel Eaqub and Rosie Collins “State of a Thriving Nation 2024: Health, Safety and Wellbeing in New Zealand” (Business Leaders’ Health & Safety Forum, Sep 2025) at 7.
