13 May 2022
SOUTHERN PALLET RECYCLING LIMITED v WORKSAFE NEW ZEALAND [2022] NZHC 1042
- Citation
- (2022)18 NZELR 873
- Court
- High Court
Appeal dismissed. Appellant failed to establish officially-induced error on the facts using the accepted multi-factor approach; the WorkSafe inspector did not thoroughly inspect or certify the saw, the appellant could not reasonably rely solely on that inspection given its primary duty under HSWA and other safety audits, and the high threshold for granting a stay under Wilson v R was not met, so there was no abuse of process or miscarriage of justice warranting dismissal of charges.
- Officially-induced error
- Abuse of process
- Stay of proceedings
- Machine guarding
- Health and safety at work act 2015