An Empirical Analysis of Changing Guidelines for Health and Safety in Employment Sentences in New Zealand

Simple item page
dc.contributor.authorWoodfield, A.
dc.contributor.authorHickson, S.
dc.contributor.authorMenclova, A.
dc.date.accessioned2014-11-12T00:18:38Z
dc.date.available2014-11-12T00:18:38Z
dc.date.issued2013en
dc.descriptionWORKING PAPER No. 14/2013en
dc.description.abstractSentences 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. We find a difference in sentencing factors that matter at the single s 6 charge level versus the case level and also find that these factors differ across periods. In particular, 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.en
dc.identifier.citationWoodfield, A., Hickson, S., Menclova, A. (2013) An Empirical Analysis of Changing Guidelines for Health and Safety in Employment Sentences in New Zealand..en
dc.identifier.urihttp://hdl.handle.net/10092/9855
dc.language.isoen
dc.publisherUniversity of Canterbury. Department of Economics and Financeen
dc.rights.urihttps://hdl.handle.net/10092/17651en
dc.subjecthealth & safety offencesen
dc.subjectjudicial guidelinesen
dc.subjectsentencing determinantsen
dc.subject.anzsrcFields of Research::48 - Law and legal studies::4801 - Commercial law::480104 - Labour lawen
dc.titleAn Empirical Analysis of Changing Guidelines for Health and Safety in Employment Sentences in New Zealanden
dc.typeDiscussion / Working Papers
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
12646710_1314.pdf
Size:
153.55 KB
Format:
Adobe Portable Document Format
Download
Collections
Business: Working Papers
Working Papers in Economics