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How the District Court has applied the principles of due diligence – and what this means for senior leaders
Many senior leaders know all too well the duty of due diligence – be that in a financial or legal context.
When it comes to health and safety, however, the duty of due diligence has until now been largely untested. Since the introduction of the Health and Safety at Work Act 2015 (HSWA) CEOs, senior leaders and Directors have been aware of the new duties placed on them as individuals, but with a lack of case law or precedent that awareness or focus may have drifted.
WorkSafe NZ (2019) defines due diligence as: HSWA creates a due diligence duty on an officer. This means an officer must take appropriate, proactive steps to ensure the person conducting a business or undertaking (PCBU) complies with HSWA.
In late November 2024 for the first time the duty of due diligence on an individual Officer was tested with a guilty verdict in the District Court in the case against former Port of Auckland (POAL) CEO Tony Gibson (Maritime NZ v Anthony Michael Gibson, 2024)
New Zealand Occupational Hygiene Society (NZOHS) Conference: Guest Editorial and Book of Abstracts
The New Zealand Occupational Hygiene Society (NZOHS) Work Related Health Conference 2025 was held from 26–28 May at the Hilton Auckland, marking the fourth instalment of our biannual event. With the theme "Challenges, Changes, Solutions", the conference brought together over 160 delegates from across New Zealand and 13 other countries, including Australia, Canada, Indonesia, South Korea, the Netherlands, South Africa, and the United States. It was preceded by having the privilege of hosting the International Occupational Hygiene Association (IOHA) Board Meeting. This year’s event truly lived up to its title as a work-related health conference, showcasing the breadth of presentations from various health & safety disciplines and from different countries around the world.
The programme featured four keynote speakers, four continuing education sessions, 27 concurrent presentations, and four practical workshops. The diversity of topics reflected the complexity of modern work-related health issues – ranging from best practice, occupational hygiene and health to psychosocial risk, human factors and ergonomics, and technology
Being a woman and wanting to be a woman
In this paper I provide a new way of thinking of questions using an expanded space of FDE-worlds/state space. This allows both for non-exclusive and non-exhaustive answers to questions concerning one's gender identity. Further, and most crucially for the purposes of this paper, it allows for a new, more general definition of question inclusion that allows for the identification of a new form of hermeneutical injustice. This form of injustice, I argue, affects trans people by keeping them in a prolonged state of gender questioning and confusion in which they only grasp the part of the question Am I X gender identity? that corresponds to the question Do I want to be X gender identity?
Understanding Christine Ladd-Franklin's Logic
In the late 19th century Christine Ladd-Franklin proposed a new logical system in the algebraic tradition championed by Boole, Jevons, Schröder, and her teacher Charles Sanders Peirce. This new logic was at the time celebrated as providing a novel and complete characterization of the valid syllogisms, although Ladd-Franklin’s work was largely forgotten until recently. Here we present a careful reconstruction of Ladd-Franklin’s work, concentrating on her characterization of the valid syllogisms, and we clear up some earlier confusions regarding how this novel logical system works
The Need to Recalibrate the Scales: Balancing Secularism and the Right to Wear a Hijab in Europe
The European Convention on Human Rights protects the fundamental right to manifest one's religious beliefs, including protecting a Muslim woman's right to wear a hijab. Nevertheless, some member states have prohibited Muslim women from wearing a hijab in certain contexts to safeguard the principle of secularism, and the European Court of Human Rights (ECtHR) has upheld these restrictions in four key cases. This article argues that the Court's decisions in these cases are not justifiable as the Court has conducted an inadequate analysis of the necessity and proportionality of the restrictive measures and applied an unduly wide margin of appreciation. It also argues that some member states may be relying upon abstract aims like "secularism" and "living together" as a façade to disguise hostility toward Islam and that the Court has been unwilling to address this concern. This article concludes with three recommendations for reform that aim to address the flaws in the Court's analysis and allow the Court to strike a more appropriate balance between state autonomy and the protection of fundamental individual rights. These reforms are necessary to promote tolerance in Europe and prevent states from relying on abstract principles to unduly restrict individual rights
Corporate Purpose: Meaningful Change or Marketing Tool?
Recent times have seen an explosion of interest in, and focus on, the concept of corporate purpose in a number of disciplines partly in response to shifts in societal expectations of companies and their directors. However, as outlined in this article, there are a number of challenges to meaningful outworking of corporate purpose in practical terms
Pussyfooting Around? Companion cat by-laws in Aotearoa New Zealand
Cats have a significant impact on Aotearoa New Zealand’s biodiversity. While national legislation can help reduce the impacts of feral and stray cats, managing companion cats is more complex due to bonds between cats and their owners. Local councils can use by-laws to regulate companion cats, although it can be difficult to gain widespread public acceptance. This research analysed public submissions from five New Zealand councils to gain deeper insight into community attitudes towards cat control by-laws and consider the potential role of national standards. The submissions indicated that the majority of submitters supported by-laws, although regional differences suggest the need for localised approaches
Legitimacy and the Use of Ethnic Categories in Public Service Long- Term Insights Briefings
This article considers the way government agencies use the concept of ethnicity in their long-term insights briefings. Ethnicity receives a disproportionate focus compared with other socio-demographic categories. Yet the concept is treated as self-evident, and its manifoldlimitations are unexplored. Salient outcome variations are reduced to average ethnic differences, and variation is further reduced, in anessentialised manner, to comparisons between Māori, Pacific and the largely invisible others in the European and Asian categories. Human commonality and complex webs of micro-connections between people are not explored. Questions arise regarding whether the briefings’ treatment of ethnicity relative to other socio-demographic dimensions fulfils statutory obligations to be impartial and politically neutral. The article argues that the briefings’ treatment of ethnicity may undermine their public legitimacy. Significant recommendations for positive change are made
From the Editor, April 2025
Welcome to volume 2, edition 1 of the New Zealand Journal of Health and Safety Practice. I make no apologies for this lengthy editorial. There is much to comment on and good articles to read. Our logo represents a kete – a basket – and this edition is another basket of knowledge
Minimal-Inconsistency Tolerant Logics: A Quantitative Approach
In order to reason in a non-trivializing way with contradictions, paraconsistent logics reject some classically valid inferences. As a way to recover some of these inferences, Graham Priest proposed to nonmonotonically strengthen the Logic of Paradox by allowing the selection of “less inconsistent” models via a comparison of their respective inconsistent parts. This move recaptures a good portion of classical logic in that it does not block, e.g., disjunctive syllogism, unless it is applied to contradictory assumptions. In Priest’s approach the inconsistent parts of models are compared in an extensional way by consid- ering their inconsistent objects. This distinguishes his system from the standard format of (inconsistency-)adaptive logics pioneered by Diderik Batens, according to which (atomic) contradictions validated in models form the basis of their comparison. A well-known prob- lem for Priest’s extensional approach is its lack of the Strong Reassurance property, i.e., for specific settings there may be infinitely descending chains of less and less inconsistent models, thus never reaching a minimally inconsistent model.
In the following paper, we show that Strong Reassurance holds for the extensional ap- proach under a cardinality-based comparison of the inconsistent parts of models. We develop and study the meta-theory of a class of nonmonotonic inconsistency-tolerant logics based on the extensional and the quantitative comparisons of their respective models, including important model-theoretic properties, such as the Löwenheim-Skolem theorems, as well as principles of nonmonotonic inference