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Labour Proposes Corporate Homicide Offence in New Zealand

By Drooid · · How we work

Core Proposal and Legislative Scope

The New Zealand Labour Party will amend the Crimes Act to create a corporate homicide offence if a person or company, owing a legal duty of care, exposes a worker to a risk of death or serious injury and a death occurs. Convictions could carry life imprisonment for individuals and fines of up to NZ$10 million for organisations; directors found guilty would be barred from managing companies.

Background & Context

New Zealand currently has no specific corporate manslaughter provision. The most severe health-and-safety penalties are a maximum fine of NZ$500,000 and up to two years’ imprisonment. Labour’s policy therefore represents a dramatic increase in potential liability. The proposal follows long-standing union campaigning, notably by the Pike River families and the New Zealand Council of Trade Unions (NZCTU). Labour’s workplace-relations spokesperson Jan Tinetti called the absence of such a charge a “glaring hole” in the nation’s safety framework.

Data & Statistics

  • About one worker dies each week in New Zealand, with 17 additional deaths linked to work-related illnesses.
  • Current maximum fine for a serious health-and-safety offence is NZ$500,000; the proposed ceiling is NZ$10 million.
  • The United Kingdom’s Corporate Manslaughter Act, in force since 2008, has produced 30 convictions over 18 years for a population of about 67 million.

Official Statements & Responses

Labour’s Jan Tinetti announced the policy at the E tu campaign launch, emphasizing that the new offence would close a “glaring hole” in the legal system. Sandra Grey, president of the NZCTU, welcomed the commitment, linking it to broader reforms such as restoring Fair Pay Agreements and extending the Living Wage.

The Institute of Directors warned that the combined effect of existing regulatory changes and the proposed criminal liability could heighten uncertainty for directors. Dentons partner James Warren and HSE Global’s Phil Parkes cautioned that “cowboy” operators might continue undercutting prices by compromising safety, and that the reforms could trigger “increased compliance activity and uncertainty” for company officers.

Verbatim Quotes

  • “Too many working people have gone to work and not come home to their families. For too long, employers who cut corners on safety have faced little more than a fine. Corporations should not be above the law. If their decisions or failures are responsible for a worker’s death, they need to be held accountable,” — Sandra Grey, President of the NZCTU

What’s Next

If Labour secures a parliamentary majority in the November election, the corporate homicide amendment would be introduced in the subsequent legislative session as part of a broader safety agenda that also includes restoring Fair Pay Agreements and extending the Living Wage.