Just supervising another contractors’ work is sufficient to incur workplace Health & Safety liability. WorkSafe took a test case to the High Court after a bungled demolition trapped the wheelchair-bound occupant of a neighbouring property.
The 2017 demolition of a residential house on Moa Road in Auckland suburb Pt Chevalier went catastrophically wrong when a wall collapsed, severing a gas line and having debris fall onto a neighbouring property. Fire Service was called to rescue the trapped neighbour.
The High Court was told owner J & Ling Properties Ltd had Moa Road demolished as the first step in redevelopment plans. Dong SH Auckland Ltd was project manager. Demolition company Quick Earth Moving Ltd accepted liability for the botched demolition, pleading guilty in a Health & Safety prosecution. Dong SH was also prosecuted. The trial judge dismissed this prosecution; Dong SH did not hire Quick Earth to do the job, it recommended Quick Earth to J & Ling Properties and it was J & Ling who had the contract with Quick Earth.
Worksafe appealed. The High Court ruled no contractual relationship was needed for Health & Safety liability. Proof is needed that the person prosecuted was managing or supervising work when Health & Safety breaches occurred. Retrial of the Dong SH prosecution was ordered.
Mr Huo of Dong SH said his company had limited involvement with the demolition. It arranged for utilities to be cut off and security fencing placed around the site. It only became actively involved on site after the wall collapsed, he said.
WorkSafe New Zealand v. Dong SH Auckland Ltd – High Court (17.12.20)
21.019