This On Demand was originally recorded on 11 June 2024.

The eruption of Whakaari was a profound event in New Zealand and the legal cases that followed stand as some of the most significant health and safety proceedings in New Zealand’s history. 

In this On Demand, experts intimately involved in the case will share firsthand accounts, explaining and analysing the various pre-trial, trial and sentencing judgments. They will also delve into the practical and legal implications of these decisions, providing invaluable insights into risk management and compliance – of interest for all lawyers practising or interested in this area.

Who Should Watch?

Employment Lawyers, Health & Safety Lawyers, HR Professionals, General Practitioners, Commercial Lawyers, In-house Lawyers.

Learning Outcomes

• Gain a comprehensive understanding of the legal landscape surrounding the Whakaari case. 
• Grasp the case history, including material facts and intricacies of the investigation process.
• Gain insights into the perspectives of involved parties and key players, unravelling their roles and responsibilities.
• Benefit from an analysis of the principles applied by the Court regarding PCBUs duties under ss 36(1), 36(2), 37 and 44 of the Health and Safety at Work Act 2015.
• Obtain guidance for directors / officers who may be interviewed or questioned.
• Understand how reparations were assessed in this case.
• Pick up tips on the practical implications for advising clients on PCBU and officer duties.

Presenter Details

Brett Harris, Barrister

Grant Nicholson, Partner, Anthony Harper

Garth Gallaway, Partner, Chapman Tripp