New Zealand $4m Proceeds of Crime Case

In a first-of-its-kind novel legal case, a New Zealand business has been forced to pay $4m arising from a workplace fatality. The business owner had previously been prosecuted by WorkSafe NZ in 2017, but the owner only received four and a half months home detention eg a holiday for most people.

Police used the proceeds of crime laws to obtain a High Court order to seize the business owners home, holiday house, other property and cartage business. This is the first time these laws have been used against a commercial business, as opposed to drug dealers, gang members and money launderers.

Police alleged the business knowingly operated in contravention of clear workplace safety regulations and WorkSafe notices to save money and time, and therefore benefited from the proceeds of crime.  

It will be interesting to see if Australian authorities pursue the same legal tactic to inflict much higher penalties on negligent businesses for workplace safety breaches.

Call 03 8544 4300 or email for a copy of the full NZ Hearld article from the 21 October 2024