Osborne v WorkSafe New Zealand

The Supreme Court of New Zealand heard an appeal by Anna Elizabeth Osborne and Sonya Lynne Rockhouse against WorkSafe New Zealand and the District Court at Wellington. The appellants were seeking a declaration that WorkSafe's decision to offer no evidence in the prosecution of Peter William Whittall for breaches of the Health and Safety in Employment Act 1992 was unlawful. This decision was taken in the context of the Pike River mining disaster where 29 miners died. The appellants, who lost family members in the disaster, argued that the arrangement to offer no evidence was made under an unlawful agreement to stifle prosecution. WorkSafe had accepted that such an agreement was unlawful but maintained that its decision not to proceed with the prosecution was justified by various considerations, including the conditional offer to pay reparations.

The legal issues before the court included whether WorkSafe's decision to offer no evidence constituted an unlawful agreement to stifle prosecution, and if the decision was made based on other lawful considerations. The High Court and Court of Appeal had previously found that the decision was lawful, holding that WorkSafe was entitled to consider the conditional offer to make payments to the victims. The Supreme Court, however, held that the arrangement to offer no evidence in exchange for the payment constituted an unlawful agreement to stifle prosecution. The Court held that it was irrelevant that WorkSafe considered other factors in reaching the decision, as the payment was in exchange for the withdrawal of the prosecution and was unlawful.

The Supreme Court allowed the appeal and found that WorkSafe's decision to offer no evidence was made under an unlawful agreement to stifle prosecution. It granted a declaration to that effect. The Court noted that no other relief was appropriate, given the passage of time. This decision highlights the importance of ensuring that prosecutorial decisions are made in accordance with the law and in the public interest, and not under unlawful agreements.