What gets prosecuted, what it costs, and how to avoid being a case study
WorkSafe New Zealand prosecutes the most serious breaches of the Health and Safety at Work Act 2015 — usually where there has been death, serious harm, or poorly managed extreme risk. Penalties are significant: up to $1.5m for a company on a duty breach, and up to $3m and five years' imprisonment for reckless “knowledge-based” offences — plus reparations to victims that can exceed the fine. The recurring lesson from these cases is simple: most involve well-known hazards that were not adequately controlled.
Prosecution is reserved for serious cases and deterrent effect.
WorkSafe uses a range of enforcement tools, from improvement notices to infringement fees. It tends to prosecute when that is necessary for deterrence or when lighter measures have not fixed a problem. In general it prioritises offending that results in death, severe injury or illness, or catastrophic harm, and poorly managed extreme or substantial risk, along with certain high-risk sectors. So a prosecution usually signals a serious failure, not a minor paperwork slip.
Any duty holder — not just the employer.
Any HSWA duty holder may face prosecution: PCBUs, officers (such as directors and chief executives), workers, and other people at a workplace. Importantly, that reach extends through the supply chain and to advisers. New Zealand has seen a health and safety consultancy held liable for breaches connected to advice it gave a client — a reminder that those who provide safety advice carry duties too. Officers can be prosecuted for failures in their due-diligence duty, separately from the PCBU.
A starting-point fine, then adjustments, then reparations.
Courts generally set a starting-point fine based on culpability and the risk of harm, then apply discounts for things like an early guilty plea, genuine remorse, cooperation, reparation paid, and a previous good record. Separately, the court can order reparations to victims and their families — and in serious cases these have exceeded the fine itself. The financial capacity of the defendant is also taken into account, which is why final fines vary widely.
General information, not legal advice. Sentencing turns on the specific facts of each case. If you are facing enforcement action, seek qualified legal advice promptly.
Most prosecutions trace back to a handful of failures.
| Theme | What it looks like |
|---|---|
| Well-known hazards uncontrolled | Harm from risks that were obvious and foreseeable — working near live power lines, machinery without guarding, falls from height. |
| Inadequate planning | Work started without proper assessment, safe methods or supervision. |
| Controls on paper only | Procedures existed but were not implemented, trained or checked in practice. |
| Overlapping-duty failures | Multiple PCBUs not consulting, cooperating and coordinating where work overlaps or runs through a supply chain. |
| Weak officer due diligence | Governance not verifying that resources and processes were actually in place and working. |
The landmark Whakaari / White Island prosecutions, sentenced in 2024, tested supply-chain duties and resulted in very large reparations to victims. Source: WorkSafe NZ / court decisions.
Prosecutions are, in effect, a checklist of what to get right.
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WorkSafe prosecutes serious breaches — generally where there has been death, severe injury or illness, catastrophic harm, or poorly managed extreme risk — or where prosecution is needed for deterrence or lighter measures have failed. It is reserved for serious cases, not minor issues.
For a duty breach that exposes people to risk of death or serious injury, up to $1.5m for a company or $300,000 for an individual PCBU. For reckless “knowledge-based” offences, up to $3m for a company or $600,000 and/or five years' imprisonment for an individual — plus reparations to victims.
Yes. Advisers and consultants are duty holders too. New Zealand has seen a consultancy held liable for breaches connected to the advice it gave a client, so providing safety advice carries responsibilities under HSWA.
Most prosecutions involve well-known, foreseeable hazards that were not adequately controlled. Identifying your most serious risks and making sure the controls are real — implemented, trained and verified — addresses the bulk of what goes wrong.
