Health & Safety Forum: Compliance, Enforcement and Liabilities

Navigate the ins and outs of Health & Safety law. An expert panel will help you put your knowledge to work, providing practical guidance on your legal rights and obligations in the workplace. Learn how to run an effective incident investigation, master the courtroom, and how to support and manage work-related psychological health and safety. Plus, receive valuable summaries of recent Health & Safety cases and their key takeaways.

Tuesday, 4 March 2025
3.00pm to 4.00pm Compliance and Enforcement Actions: A Comprehensive Guide

 

  • Investigations
  • Notices 
  • Court orders
  • Prosecutions
  • Enforceable undertakings
  • Proceeds of Crime: The Salters case 

Presented by DeAnne Brabant, Partner, Shieff Angland

4.00pm to 4.15pm Break
Description

Attend and earn 3 CPD Hours

Chair:

John Rooney, Partner, Simpson Grierson

2.00pm to 3.00pm Unpacking Case Law Updates to New Zealand’s New Health and Safety System

 

  • WorkSafe NZ v Safe Business Solutions Ltd and other cases involving advisors prosecuted under s 36(2) of the Health and Safety at Work Act 2015 (HSWA)
  • Insights for education lawyers on how to assist schools in managing health and safety risks outside the classroom: WorkSafe New Zealand v Whangārei Boys High School Board of Trustees
  • What does “a PCBU who manages or controls” mean for purposes of s 37(1) of HSWA: Whakaari Management Limited v WorkSafe New Zealand
  • First prosecution of a CEO in New Zealand as an officer: Maritime New Zealand v Gibson
  • Latest policy updates 

Presented by Sanja Marin, Senior Associate, Duncan Cotterill 

4.15pm to 5.15pm Psychosocial Hazards in the Workplace: Obligations and Practical Tips

 

  • An overview of mental health and wellbeing obligations in the workplace
  • Unpacking common psychological risks, including bullying, harassment, stress, and fatigue
  • Practical legal tips to manage conflict in the workplace where bullying allegations have arisen  

Presented by Myriam Mitchell, Partner, Copeland Ashcroft

Learning Objectives:
  • Catch up on some of the key Health and Safety cases of 2024
  • Gain best practice guidance on compliance and enforcement actions
  • Gain perspectives into the current standing of the health and safety system in NZ
  • Learn useful tips to support work-related psychological health and safety

Presenters


Sanja Marin, Senior Associate, Duncan Cotterill
Sanja is a specialist health and safety lawyer with significant experience across New Zealand and Australian jurisdictions. She previously worked as a prosecutor for WorkSafe New Zealand and the New South Wales health and safety regulator in Australia. She has also worked as a senior legal advisor for WorkSafe providing legal advice on commercial, operational, regulatory, legislative, public law, and criminal law matters. Sanja provides legal advice in all areas of health and safety. She provides proactive advice, training, incident investigations support, and representation in court.


Myriam Mitchell, Partner, Copeland Ashcroft
Myriam has worked in employment, health and safety, insurance law, and dispute resolution since 2007. Myriam graduated with honours from the University of Auckland. In addition to her law degree, she also holds a commerce degree (majoring in management and employment relations). Her significant litigation experience means she has strong advocacy and negotiation skills and has guided many clients to a negotiated settlement where avoiding a hearing was in their best interest. Myriam has appeared in the Employment Relations Authority, Employment Court, District and High Courts. Myriam has been appointed to The Law Association Health and Safety Law Committee and regularly delivers training and seminars on topical employment and health and safety issues. She is based in Hawke’s Bay and travels throughout New Zealand.


John Rooney, Partner, Simpson Grierson
John has extensive experience in health and safety and in advising clients on options for managing their workplace obligations and improving their performance in this business-critical area. John's experience includes incident response management, defending prosecutions laid by WorkSafe, advising on investigation processes for complex situations including for alliances with international parties, as well as governance advice, reviews of health and safety systems, and delivering training. John regularly attends mediations and appears in the Employment Relations Authority, Employment Court, and in the District Court as defence counsel on WorkSafe prosecutions. He is a member of the Auckland District Law Society Health & Safety Committee, and the New Zealand Institute of Safety Management.


DeAnne Brabant, Partner, Shieff Angland
DeAnne is an experienced litigation lawyer and heads the employment team at Shieff Angland. Prior to this, DeAnne was a barrister and before that worked for the Inland Revenue Department and WorkSafe, appearing as counsel in both criminal prosecutions and civil cases. DeAnne’s litigation experience includes appearances in various jurisdictions including the Environment Court, Family Court, Employment Court, District Court, High Court, and Court of Appeal. DeAnne is skilled in investigating employment matters and complaints, mediation, crisis management, advising on policy, regulatory practice, corporate governance, and regulatory compliance. Having previously been employed by regulators, DeAnne has specialist expertise in managing and resolving client’s compliance issues. In addition to her employment and health and safety work, DeAnne has experience in managing complex expert evidence. Some recent cases in the employment and resource management space are NZTG v Engage Technology (a restraint of trade case) and Greater Wellington Regional Council v Adams & Ors (a resource management case in which the court rejected enforcement action and awarded indemnity costs to the parties). DeAnne is client focused and prides herself on providing practical solutions to legal problems. She is the author of Westlaw’s ‘Protecting Employees' and ‘Health and Safety Law’ packages, and an Associate Teaching Fellow in the Centre for Ergonomics and Occupational Health and Safety at Massey University.

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Health & Safety Forum: Compliance, Enforcement and Liabilities

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DELIVERY MODE BELOW

Single Session
Tuesday, 4 March 2025
2.00pm to 5.15pm New Zealand
CPD Hours 3
$345.00
Online 20241120 20250304

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