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    Forecasting Fines for Health and Safety in Employment Offences in New Zealand (2013)

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    12646709_1315.pdf (145.0Kb)
    Type of Content
    Discussion / Working Papers
    UC Permalink
    http://hdl.handle.net/10092/9958
    
    Publisher
    University of Canterbury. Department of Economics and Finance
    Collections
    • Business: Working Papers [193]
    • Working Papers in Economics [142]
    Authors
    Woodfield, A.
    Hickson, S.
    Menclova, A.
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    Abstract

    Sentences for employers convicted of offences under NZ health and safety law have been subject to constraints from two main sources (i) legislation; and (ii) guideline judgment cases. Their effect is to effectively split sentencing into three distinct time periods, viz., the period following the introduction of the De Spa Guidelines to the implementation of the Sentencing Act 2002, the second following the joint implementation of the Sentencing Act and the Health and Safety in Employment Amendment Act to the Hanham & Philp Guideline judgment in December 2008, and the third is the post Hanham & Philp Guideline period. This article builds on previous work that analyses the various factors relevant to HSE sentencing, concentrating on the second and third periods. Among other results, this work shows that for period 3, although harm continues to play an important role in explaining sentences of reparation, its previous role in directly explaining levels of fines is replaced by various levels of employer culpability. The Hanham & Philp decisions incorporated harm in determining culpability and District Court judges appear to follow this judgment closely in this respect. The present article illustrates forecasted sentences for periods 2 and 3, and, for the forecasts of period 3 penalties using second period weights, finds that fines would have been frequently lower, often substantially so, than those that occurred, consistent with the Hanham & Philp Guidelines. Reparations, however, are largely unaffected.

    Citation
    Woodfield, A., Hickson, S., Menclova A. (2013) Forecasting Fines for Health and Safety in Employment Offences in New Zealand..
    This citation is automatically generated and may be unreliable. Use as a guide only.
    Keywords
    Health & Safety offences; judicial guidelines; forecasting fines
    ANZSRC Fields of Research
    11 - Medical and Health Sciences::1117 - Public Health and Health Services::111705 - Environmental and Occupational Health and Safety
    Rights
    https://hdl.handle.net/10092/17651

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