Samantha Turner, Barrister, Stout Street Chambers (Akl)

What would you do if you became aware of a serious wrongdoing, that involved health and safety, by or in the organisation you work for? Martin Byrne shares his experience as a whistleblower in a recent case, discussing the process, lessons learned and the personal cost of doing what’s right.

Martin Byrne, Director, Nautilus Consulting

WorkSafe has announced a focus on psycho-social risks in the workplace, but it’s often hard to focus on hazards and risks you can’t see. Grant Nicholson will highlight some of the key risks you need to be aware of, explain the new regulatory approach in Australia to managing those risks, and talk about the issues you need to consider when deciding what “good practice” looks like here.

Grant Nicholson, Partner, Anthony Harper

Mitre 10 is nationwide co-operative, with stores operating since 1974. As a cooperative, Mitre 10 has multiple independent PCBUs making up the network, including the national support centre as well as each of the independently owned and operated stores.  The stores and support centre all have duties related to being officers and PCBUs as well as overlapping duties across many functions.  Shirley Kennett will outline how Mitre 10 is embarking on path to further upskill the network and partners by clarifying roles and responsibilities so each party can meet their multiple duties as they vary at each stage of the lifecycle.

Shirley Kennett, Head of Health, Safety and Wellbeing, Mitre 10

Violence or threats of violence at the workplace can come from many directions – clients, co-workers or even a worker’s family members or acquaintances. How can PCBUs determine if violence is a risk to their workers and if it is what policies and procedures can be put in place to, as far as reasonably practicable, prevent and deal with it?

Samantha Turner, Barrister, Stout Street Chambers

Ports of Auckland’s efforts to improve health & safety outcomes have so far included collaborating with PCBUs to develop the Auckland Code of Practice for Stevedoring and engaging with workers on a re-set of risks and controls. Vanessa Matakatea will share the journey to date, the lessons learned and the way forward.

Vanessa Matakatea, Safeguard Awards 2023 Health & Safety Practitioner of the Year

The body of case law under the HSW Act continues to build. This session will review key cases and developments in the past year.

Joseph Lill, Special Counsel, Wotton + Kearney

This case study provides insights into a court-ordered project order implemented in the New Zealand maritime industry. The case study explores the use of HOP (Human and Organisational Performance) principles and Learning Teams and their influence on improving work practices, safety, organisational learning, and operational excellence. It emphasises the importance of worker involvement, critical thinking, and reflection in problem-solving and risk management.

The case study focuses on implementing a project order in the maritime industry, specifically using Learning Teams. It offers valuable insights into improving safety, knowledge sharing, and organisational learning in the maritime industry.

The Whakataukī for this project was “Wahiwhia te kete mātauranga”, learning and improving by filling your basket of knowledge.

Brent Sutton, Managing Director, Learning Teams Inc

Samantha Turner, Barrister, Stout Street Chambers (Akl)

Understand your health & safety legal compliance obligations

LegalSAFE is NZ’s most trusted health & safety law conference, bringing together health and safety professionals, consultants and managers over four days in Auckland, Wellington, Christchurch and Tauranga. A livestream option is available on 10 October if you are unable to attend in person.

With presentations from some of New Zealand’s leading health and safety lawyers, input from WorkSafe New Zealand and industry case studies, LegalSAFE is your best opportunity to not just meet your compliance obligations, but to create healthier, safer workplaces overall.

LegalSAFE aims to provide practical solutions to your health and safety compliance questions.

Mike Cosman
Partner, Cosman Parkes
Mike is one of New Zealand’s most highly regarded health and safety practitioners with over 43 years’ experience in operational, management, policy and strategic roles. He has a varied regulatory background in the UK and New Zealand and has worked as a strategic consultant to many of the leading public and private sector organisations over the last 14 years including as a member of the Independent Taskforce and Forestry Safety Review. In 2020 Mike was awarded the Safeguard Lifetime Achievement Award for his contribution to health and safety. Mike’s extensive work with the Institute of Directors, boards and executive teams means that he has a good understanding of their needs, whilst in his role as Chair of NZISM’s Board he helps promote professional development and accreditation for all those working in the field. Having been an investigator and prosecutor, Mike now provides expert advice in legal proceedings and keeps a keen eye on developments in this field. He is currently involved in some of the most significant cases before the Courts.
Martin Byrne
Director, Nautilus Consulting
Martin has worked in the Maritime and Ports sector since 1984, originally in operational roles and then since 1997 in Senior Management roles, in Fiji, Australia and New Zealand. In 2001 he was appointed GM Business Development of Flinders Ports South Australia and in January 2004 was appointed CEO of Port Nelson Ltd (PNL), a position he held until July 2019. During his time as CEO of Port Nelson he served as Vice President of the International Association of Ports and Harbours (IAPH) representing Asia / Oceania and in 2019 became one of only three New Zealanders to ever be made an honorary member of IAPH. He has served as a member of the National Steering Group of the NZ Business Leaders Health and Safety Forum and since 2019 has been operating an independent business, Nautilus Consulting, servicing the Maritime, Ports and Logistics sectors in NZ.
Grant Nicholson
Partner, Anthony Harper
Grant Nicholson is a lawyer at Anthony Harper, a national law firm. Grant specialises in workplace health and safety and has been prominent in the sector for a long time. He has been involved in investigations and prosecutions arising from many of New Zealand's highest profile workplace incidents and is currently working on cases relating to forestry, transportation/logistics, infrastructure incidents, the Whakaari/White Island volcano eruption, and farming incidents.
Shirley Kennett
Head of Health, Safety and Wellbeing, Mitre 10
Shirley has overseen health, safety, and well-being at Mitre 10 since 2014. She started her health and safety journey as an Injury Prevention Consultant at ACC, and this swiftly led to leadership roles in relationship management and projects. Beyond ACC, Shirley consulted for diverse businesses and insurers. She then solidified her technical and leadership experience as the Group Manager of Health and Safety at Foodstuffs Auckland. Shirley is dedicated to offering practical and actionable solutions to help keep people safe and well. A Professional Member of the NZ Institute of Safety Management, she holds a Masters in Regional and Resource Planning and a Post Graduate Diploma in Business and Administration (OSH).
Vanessa Matakatea
Safeguard Awards Health & Safety Practitioner of the Year
Joseph Lill
Special Counsel, Wotton + Kearney
Joseph Lill is a Special Counsel at Wotton + Kearney. He specialises in health and safety and insurance law. Joseph has worked on a wide range of health and safety matters including Enforceable Undertakings, defended hearings and sentencing appeals. He appeared as junior counsel on the leading sentencing decisions of Stumpmaster and Oceana Gold. He works across New Zealand and has recently appeared in sentencings involving fatalities or serious injuries in Hastings, Greymouth, Christchurch and Hawera. In addition to regulatory investigations and Court work he provides pro-active advice regarding health and safety compliance. Prior to joining Wotton + Kearney Joseph returned from two years in London to work at a leading New Zealand law firm. Before heading overseas Joseph was a prosecutor for the Department of Labour.
Brent Sutton
Managing Director, Learning Teams Inc
Brent is well regarded as a safety coach and for taking organisations on a learning journey to understand how people are seen as the solution and how to engage people and leverage their skills so that worker participation becomes a normal way of running an organisation where everybody benefits. Brent is a HOP (Human and organisational Performance) and Learning Teams coach and has been trained and mentored by the HOP masters Todd Conklin, Rob Fisher and Tony Muschara. He was the architect of the Fullers Project Order, which is New Zealand's most significant Court Ordered Project Order for the Maritime Industry. He is also the architect for the EnviroNZ Enforceable Undertaking with WorkSafe NZ for the waste industry, using the WorkSafe BetterWork# principles, Learning Teams and the 4Ds for WEPR and Critical Risks. Brent is the principal author of the Amazon best-selling safety books: The Practice of Learning Teams (ISBN: 979-8665374321 - August 2020) Learning From Everyday Work (ISBN: 979-8487526328 - September 2021) 4Ds for HOP and Learning Teams (ISBN: 979-8358020726 - June 2023)

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