This article argues that it is doubtful that the fivefold increase in maximum fines under New Zealand's Health and Safety in Employment Amendment Act 2002 will be successful in providing suitable precautionary incentives. Expected penalties remain at relatively low levels, with the continued use...

In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand's Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both...

New Zealand's health and safety legislation imposes penalties for breaches of duty even where accidents have not occurred. We argue that ex post liability as implemented provides inadequate incentives for safety precautions due to weak penalties and significant uncertainty surrounding courts'...