Home Detention for Health and Safety Breach

Although the changes to the Health and Safety in Employment Act1992 are yet to be introduced, a company director has recently been sentenced to home detention for health and safety breaches. This is a first for New Zealand.

The circumstances of the breaches were extreme. Britton Housemovers Limited, were moving a house in the Hawkes Bay in December 2013. In the process they clipped a live power line which fell onto the house. Mr Britton, the company director, and his employees used a wooden stick to remove the still live power line. They then left the downed power line without taking any further action and continued on to their destination.

A number of sheep in the area and two sheep dogs were subsequently electrocuted. A shepherd was nearly electrocuted as he attempted to recover the dead animals. There was also a school bus in the vicinity, however fortunately no-one was hurt.

Mr Britton sent one of his employees back to put cones around the downed power line only after the farmer and the shepherd followed the house movers. The company did not report the incident to the electricity authorities or WorkSafe. The farmer made the notifications.

Charges were laid under the Health and Safety in Employment Act 1992 and the Electricity Act 1992. Mr Britton pleaded guilty. Britton Housemovers Limited was fined $60,000 and Mr Britton was sentenced to four months home detention.

This case is the first time in New Zealand that an individual has received a custodial sentence for a health and safety breach in New Zealand. The existing legislation allows for this. The Health and Safety Reform Bill changes the current maximum term of imprisonment from two years to five years, and maximum fines will increase to over one million dollars.

The message from the Courts is unambiguous. Businesses need to take health and safety seriously - now.