Defending PCBUs in WorkSafe Prosecutions (Respondent)

Purpose of this Guide: Use this plan when your business or undertaking is being investigated or prosecuted by WorkSafe New Zealand for alleged breaches of work health and safety duties. This guide is designed for legal practitioners representing corporate entities, sole traders, and directors who need to respond to regulatory inquiries, manage inspector visits, evaluate liability, and navigate the court process. It helps counsel protect the client's interests, manage compelled interviews, and seek alternative resolutions like an enforceable undertaking.

Jurisdiction: District Court of New Zealand (Criminal Division) under the national registry framework. This parent plan covers standard prosecution management, initial disclosure reviews, case review hearings, and judge-alone trials. Subsequent forks cover the enforceable undertaking pathway and jury trial elections.

The Process at a Glance: The process starts immediately after a workplace incident by preserving the site and notifying WorkSafe. The practitioner opens the file, checks for conflicts of interest between the company and its officers, and establishes a strict privilege protocol. During the investigation, counsel manages the inspector's access, log seized samples, and accompanies workers in compelled interviews to ensure use immunity is protected. If WorkSafe files formal charges, the client is entered into the court timeline. Counsel conducts a case discussion with the prosecutor, files a joint case management memorandum, and represents the client at the case review hearing. If the case proceeds to a judge-alone trial, counsel manages disclosures, briefs experts, and presents the defence at the substantive hearing.