Some trends under the Resource Management Act, Health Safety in Employment Act and in exemplary damages - fines, prosecutions and awards

摘要

This paper will identify and discuss the offence and penalty provisions under the Resource Management Act 1991 (RMA) and Health and Safety in Employment Act 1992 (HSE). Exemplary damages will then be placed in the context of the link between employment related proceedings and the relatively recent introduction of Section 396 of the Accident Insurance Act 1998 (AIA) which provides that nothing in the AIA or criminal proceedings or the possibility of criminal proceedings bars an award of exemplary damages. The paper will then: 1. summarise and discuss the level of prosecutions and fines under the RMA Act, cover director and senior management liability and identify some pertinent examples in relation to the petroleum exploration sector, 2. carry out a similar exercise for the HSE Act and 3. review the New Zealand common law history of exemplary damages and links to health and safety in the work place, the impact of the no fault Accident Compensation Regime, the impact of Section 396 of the AIA and then identify current trends by reference to case law. In conclusion it will draw out possible lessons and implications for the petroleum exploration sector and identify some responses.