20 February 2024

We have accepted an enforceable undertaking from the New Zealand Police.

Incident

On 30 August 2021, a member of the public collided with the rear of a stationary Police mobile speed camera vehicle on the Upper Harbour Motorway near Greenhithe. The collision resulted in the death of the motorist and caused serious injuries to the Police worker who was thrown from the vehicle.

Alleged contravention

Being a PCBU, the New Zealand Police failed to ensure, so far as was reasonably practicable, the health and safety of workers who worked for the PCBU, while at work in the business or undertaking as mobile traffic speed camera operators (TCOs), and that failure exposed TCOs, to a risk of death, serious injury or serious illness.

Summary highlights of the enforceable undertaking

• Financial amends to the victim.
• Development of a Critical Risk Assurance and Verification Framework.
• Establishment of a Dedicated Critical Risk Programme.
• Delivery of an Enhanced TCO Induction and Training Package.
• Implementation of a Documented Sustainable Assurance Process.
• Presentation of Lessons Learned to the Transport Sector.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (September 2019), considering:

• The activities in the enforceable undertaking and how they promote progressively higher standards of work health and safety.
• The nature of the alleged contravention and how serious it was.
• Information received from any interested party in relation to the contravention.
• Mitigation and remedial action, already taken or planned, regarding the contravention and any affected persons (including victims).
• The organisation’s past performance and compliance history with health and safety legislation.
• Any likely outcome if the matter were dealt with by legal proceedings.
  • A charge was filed in relation to this incident on the basis that there was both evidential sufficiency and a public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to the New Zealand Police by a prosecution not proceeding.
• Any other matter which WorkSafe thinks is relevant.
  • The undertaking delivers benefits beyond compliance.
  • The undertaking supports WorkSafe’s strategic objectives.
  • The undertaking contains acceptable terms.

Date accepted

8 February 2024

Further information

View the New Zealand Police enforceable undertaking: