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Hot Topic Infrastructure
Law
4 mins to read

Quick fix bargaining pushes up WorkSafe conviction rate

The workplace safety regulator said to 'start high' with the aim of faster settlement on a discounted fine.

Under WorkSafe direction.

Key points
  • What’s at stake: Construction and other contractors said to be willing to enter a plea bargain rather than risk going to court and face significant financial impacts, being facilitated by WorkSafe lawyers.
  • Background: Several companies have spoken to NBR about settling on plea bargains for perceived health and safety transgressions, effectively sidestepping legal process but artificially elevating the agency's hit rate.
  • Main players: WorkSafe, Yakka Contracting, Ward Demolition,  Duncan Cotterill, MBIE.

WorkSafe's high conviction rate of about 83% is largely attributable to scare tactics that lead to fast plea bargains, a leading lawyer says.

A number of companies spoken to by NBR have also confirmed it was "common practice" to plead guilty early in the piece, and pay a reduced fine under the

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Brent Melville Wed, 19 Jun 2024
Contact the Writer: bmelville@nbr.co.nz
News tip? Question? Typo? Let us know: editor@nbr.co.nz
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Key points
  • What’s at stake: Construction and other contractors said to be willing to enter a plea bargain rather than risk going to court and face significant financial impacts, being facilitated by WorkSafe lawyers.
  • Background: Several companies have spoken to NBR about settling on plea bargains for perceived health and safety transgressions, effectively sidestepping legal process but artificially elevating the agency's hit rate.
  • Main players: WorkSafe, Yakka Contracting, Ward Demolition,  Duncan Cotterill, MBIE.
Quick fix bargaining pushes up WorkSafe conviction rate
Law,
104549
true