14 Dec 2021
WORKSAFE NZ v WASTE MANAGEMENT NZ LIMITED [2021] NZHC 3444
- Citation
- [2021] NZHC 3444
- Court
- High Court
The District Court correctly applied the orthodox test for subjective recklessness (per Cameron): to convict under s47 the prosecution must prove an identified individual appreciated the real possibility that the relevant conduct would cause death or serious injury; background breaches admissible under s48 do not substitute for that individual foresight, mitigation evidence is a factual matter not governed by a special legal rule, and the proposed appeal raised factual issues rather than errors of law, so leave to appeal is declined.