Originally Posted by
minimoke
Erebus was, as I recall, before we deregulated and too far back for me to recall why there weren't prosecutions. Cave Creek was on the cusp of deregulation and is a blot on our history. That the incompetence wasn't prosecuted and that the CEO of DOC didn't resign is a testament to the lilly livered judiciary at the time. (an a bit of a refection on the political landscape at that time as well).
NZ is at the bottom of the developed world evolutionary chain when it comes to industrial death. Here you can kill with immunity. Whats our worst fine - $200k for a life?. In England and Australia Directors are prosecuted and jailed. Companies are heavily fined. In USA individuals and corporations have the pants sued off them.
NZ is evolving. Evolution is based on natural selection. The police will go where the public good is served. OSH will go where it can get more funding. Politicians will go where they will get votes.
Is NZ well served by these three groups doing nothing. I think not.
If police don't prosecute the public will, for a short time, loose faith in thier ability to manage a disaster as well as identify culpable people.
If OSH doesn't prosecute it may as well shut up shop since its functions become totally redundant. They don't issue improvement / prohibition notices they just advise don't even recommend. Anyone can do that.
If politicians don't signal that they want laws enforced this will potentially undermine all other laws - making politicians a bit redundant. Even passing new Regs is redundant if there is no-one around prepared to enforce them.
I sense there is a hunger for directors to be held accountable. We are starting to see Financial Institution directors being held accountable - a few have now been imprisoned. The Nathans Directors have just been sent down for a couple of years which follows the Five Star directors incarceration. It was only back in 2009 that Clegg got Home D.
Wayne Gratton, Director of Icepak Coostores was fined $30,000 for his part in failing to ensure his employees were safe - that wasn't even tied to the death of the firefighter!. There were $123k in fines and $270k in reparations for one death. And you don't think there will be an appetite to see someone related to PRC prosecuted.