New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Asbestos management

Legal area

Court

20 Jun 2023

INSPIRED ENTERPRISES LIMITED v WORKSAFE NEW ZEALAND [2023] NZHC 1539

Citation

[2023] NZHC 1539
Court

High Court

The High Court found material factual error in the District Court's sentencing rationale (misstating receipt of a positive asbestos test and the application for discharge without conviction), held the offender's culpability was in the low band warranting a mid‑lower‑band starting point of $42,500, allowed greater mitigating credit (total 45% including 25% for guilty plea and 20% for remorse, cooperation, good record and reparation) and substituted the District Court fine with a proportionate fine of NZD 23,375 while maintaining ancillary cost orders; discharge without conviction was inappropr…
31 Mar 2022

MANN v FAR NORTH DISTRICT COUNCIL [2022] NZHC 632

Citation

[2022] NZHC 632
Court

High Court

Section 313(1)(c) only authorises orders enforcing the express or implied terms of an easement; the asbestos pipeline was not shown to be dangerous and was not required by the easement to be removed, the replaced pipe remains part of the public work and FNDC remains responsible to keep it safely buried (including by asbestos management and inspection), and s 313 does not empower removal of the driveway because the driveway was not work required under the terms of the pipeline easement; accordingly the appeal is dismissed.