Citizen’s arrest powers will put workers in harm’s way

Source: Council of Trade Unions – CTU

The Government’s announcement to change citizen’s arrest powers shows workers will bear the brunt of their lack of a plan to deal with retail crime, said NZCTU Te Kauae Kaimahi President Richard Wagstaff.

“If the proposed changes to citizen’s arrests laws are any indication of what is to come, there will be serious implications for worker safety and employment rights in pursuit of minor savings for retailers,” said Wagstaff.

“Setting the expectation that workers on the shopfloor will be required to prevent shoplifting and retail crime will only increase the risk of violence and undermines workers’ right to a safe and healthy workplace.

“Good employers don’t put workers’ lives at risk to save a few dollars.

“We should be focusing on ways of work that remove hazards from the workplace, not create them. Employers must work with employees on creating safe workplaces, and what the business will do to achieve that.

“There are serious employment and criminal law concerns for workers and the public by putting workers in harm’s way to save their boss a few bucks. Crimefighting is not within the scope of retail workers’ employment duties.

“Workers in Aotearoa New Zealand have the legal right to a safe and healthy workplace. They also have the legal right to stop or say no to any work if they believe that doing the work would expose them, or anyone else, to a serious health or safety risk,” said Wagstaff.  

Fast-tracked mining, cut-rate safety? A miner’s warning – E tū

Source: Etu Union

By Mark Anderson, Process Operator at OceaniaGold Waihi, and Convenor of the E tū Engineering, Infrastructure, and Extractives Industry Council

It’s 3 a.m. on a Sunday morning. I’m at work, constantly hopping in and out of my front-end loader to pull five-foot-long, waterlogged timber beams out of the ore that the underground crew has brought up overnight. These beams come from the old timber framing used to build the Waihi mine over 100 years ago.

Pieces of timber like this are absolute showstoppers for us – if they end up on the conveyor belt heading into the mill, they could jam the system or get stuck in the feed chute, shutting us down for hours and leaving a massive mess to clean up. I don’t want to be that guy, so here I am, sweaty and covered in mud at 3 a.m., hauling them out by hand. But I don’t mind. I’ve got a huge smile on my face because I love the job I do.

I work as a process operator at the gold mine in Waihi. There have been big developments recently, not just at the site but across the town, the country, and in the news. I’ve been doing a lot of reflecting on that.

At the end of January, Hon. Shane Jones brought MBIE and the media pack that follows him to Waihi for his big “Critical Minerals” announcement. Naturally, the protestors followed too, eager to let him know exactly what they thought of his plans.

I was part of the delegation that hosted the Minister, not just because I work at the mill but because I’m also a union delegate and the Convenor of the Engineering, Infrastructure and Extractives Industry Council for E tū, representing nearly 8,000 members in these industries. One thing I’ve noticed in all the discussions about fast-tracking mining, the use of public land, and economic impacts is that the voices of workers have been completely missing.

For workers, the first part of this conversation is obvious: it’s great news for the industry. The Government wants to invest in and expand mining, which means more security for those of us in the sector. That kind of stability is rare.

When I started my job at Waihi in 2007, they told me the “life of the mine” was about 18 months. I didn’t tell my partner that right away – we had just bought a house and had our second child, and we had enough pressure as it was. Mines open and close depending on commodity prices and market shifts. That’s just the way it is. But for the first time, there’s a sense of long-term security for workers and contractors, and that’s a huge win. Most mines in New Zealand are in regional areas, so this also means a boost for those communities and the families who rely on these jobs.

That said, every silver lining has a dark cloud. In my role as delegate and Convenor, my job is to look at the bigger picture and consider how all this affects workers. Is the Government rushing into this? Have they really thought it through? Are we actually prepared to scale up the industry safely?

Safety is always the first thing on a worker’s mind in this industry. It’s the first thing we talk about at the start of every shift, and it’s the foundation of most of our training. While Shane Jones is out there making big mining expansion announcements, over in the health and safety sector, the Minister for Workplace Relations and Safety, Hon. Brooke van Velden, has quietly been working on a review of the Health and Safety at Work Act – what most people know as the Pike River legislation.

Last year, she held a roadshow to gather input on the review. Workers and unions did everything they could to attend those meetings, but getting a seat at the table was very difficult. Meanwhile, business and industry representatives seemed to have no trouble getting in.

Late last year, I was lucky enough to attend a CTU-organised event at Parliament where Brooke van Velden was present. She was asked directly why she hadn’t been engaging with workers about the review, and she responded saying she had. Never mind the experience of the workers and their unions in the audience before her, who have found it impossible to have real engagement with her on this issue and many others.

After the event, I approached her and invited her to visit Waihi, to come and see firsthand the work we do and the risks we manage to keep people safe. I invited her because I believe we do a very good job with safety, in comparison to other places around the country. A few days later, her office emailed me back with a polite but clear refusal. She had no immediate plans to visit Waihi or the surrounding area. The invite remains open.

So here we are, with one part of the Government rushing full steam ahead to expand mining while another is quietly working to weaken health and safety laws.

Expanding mining means an influx of new, inexperienced workers into a high-risk industry. It takes time to train people properly so they can work safely in these hazardous environments. In Waihi, new workers wear green hard hats so they’re easily identifiable – so we can look out for them. But if we get too many “Green Hats” at once, especially in newly established mines, we might have a serious safety issue. Without enough experienced workers to mentor them, the risks multiply.

The Minister for Workplace Relations and Safety hasn’t yet detailed her plans for the Act, but my biggest fear is that, in classic libertarian fashion, the goal will be to deregulate, deregulate, deregulate – then tell companies to sort it out by increasing their insurance premiums.

Maybe that sounds cynical. I hope I’m wrong. But this Government hasn’t exactly shown much concern for workers’ rights so far, so I wouldn’t be surprised.

Then there are the other questions. Where are these workers going to come from? Where will they live in the remote areas where these mines are located? No one seems to be asking those questions, and I fear they’ll just be left for “the market” to sort out.

Back in Waihi, when protestors delayed Shane Jones’ speech, I noticed him sitting alone and decided to take my chance to talk to him. I asked him about worker safety, about where we’d get the people we need, about whether the Government had a plan. For a man who’s usually never short of words, all I got was a raised eyebrow and a nod.

I don’t think this Government has the answers. This year we will acknowledge the 15th anniversary of the Pike River tragedy. The only way we can honour the lives of those workers is to ensure we never let health and safety standards fall behind again. Without workers at the forefront of this project, and without a Government committed to the highest standards, I find myself fearing the worst.

Dodgy crane safety inflicts misery for teen worker

Source: Worksafe New Zealand

Old equipment repurposed by businesses must be safe to use, WorkSafe New Zealand says, following sentencing of a Rotorua company whose modified crane became a weapon that changed the life of a teenage contractor.

Harrison Gilbert was struck in the face by an untethered 412-kilogram steel beam being manoeuvred by the mobile crane at Lakeland Steel in Rotorua, on the day of his seventeenth birthday in October 2022.

Mr Gilbert was knocked unconscious and received over 100 stitches in his face, a broken eye socket, a broken nose, several smashed or lost teeth, and skull fractures. He required facial reconstruction surgery and has more to come.

A WorkSafe investigation found the mobile crane had no certificate of inspection, no load safety devices fitted, and unclear labelling on its controls. The load should have had a tag line or tether to steady it. The crane appears to have originally been a log skidder bought in the 1970’s by the previous owner of Lakeland Steel. At some point in time, it was modified into a crane which was inherited by the current owners who did not maintain it.

Mr Gilbert had not been trained in any of the activities associated with the crane, and was dividing his attention between the load and working with the crane operator when he was hit.

“This young worker was traumatically let down through no fault of his own. Simply put, the crane should not have been operational,” says WorkSafe’s area investigation manager, Paul West.

“Businesses must manage their risks. This includes regularly checking all their equipment to check it’s fit for purpose and compliant. Pay extra attention to modified or older equipment so it doesn’t get neglected while still operational.”

The Crane Association says the incident highlights the importance of ensuring freely suspended crane loads are controlled by a tag line or tether.

“In an industry full of risks, it’s important to understand all the elements that contribute to working safely. Businesses must train their staff in selecting and properly using tag lines, because you don’t want injuries like these on your conscience if things go wrong,” says the Association’s chief executive Sarah Toase.

WorkSafe’s role is to influence businesses to meet their responsibilities and keep people healthy and safe. When they do not, we will take action.

Read more from the Crane Association on tag line safety(external link)

Background

  • Lakeland Steel Limited was sentenced at Rotorua District Court on 20 February 2025.
  • A fine of $234,000 was imposed, and reparations of $54,131 were ordered
  • Lakeland Steel was charged under sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
    • Being a person conducting a business or undertaking (PCBU), having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Harrison Gilbert, while the workers are at work in the business or undertaking, namely using a T-Lift Mobile Crane to move steel beams, did fail to comply with that duty, and that failure exposed the workers to risk of serious injury or death.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively:

Email: media@worksafe.govt.nz

Media crisis continues amid Government inaction – E tū

Source: Etu Union

E tū, the union for journalists and media workers, is sounding the alarm over the confirmation of an additional 30 job losses at NZME’s newsroom, as the wave of media cuts continues.

E tū Director Michael Wood says the latest redundancies are yet another blow to journalism in Aotearoa.

“Confirmation that a further 30 jobs will be lost from the NZME newsroom is part of a massacre of journalist capacity across the country,” Michael says.

“It follows on from NZME closing 14 regional titles, major job reductions at Stuff, and successive rounds of cuts at TVNZ. Cumulatively, these reductions mean that the New Zealand media system has less ability to perform its core functions – holding decision-makers to account, providing information in response to natural disasters, covering breaking news, and undertaking long-term investigations that help to inform the public on important issues.”

E tū members at NZME have engaged constructively, securing some changes to the original proposals that have preserved journalistic capacity. Michael says this underscores the value of union membership and collective action.

“The work of E tū members at NZME resulted in some changes to the original proposals, which have preserved some capacity, showing the value of union membership and engagement.

“However, we remain deeply concerned by the scale of these cuts and the clear signal from NZME that resources will be increasingly steered toward content that generates clicks. NZME must find a balance between generating short-term revenue and continuing to invest in high-quality journalism that drives long-term value.”

Responsibility also lies squarely with the Government, which has failed to act on the systemic issues affecting the sector.

“Primarily, though, this further round of cuts can be sheeted home to a Government that is missing in action,” Michael says.

“The sector continues to suffer because the content it produces gets used by social media platforms that do not contribute to its costs while earning advertising revenue from it. Last year, the Government committed to advancing the Fair Digital News Bargaining Bill to address this issue, but now appears to have wilted in the face of lobbying from big overseas corporates.”

E tū is calling on the Government to take urgent action to support our local media.

“In the wake of yet another round of cuts, it is more evident than ever that the Government needs to wake up and take action so that we preserve a media system that supports New Zealand’s democracy.”

Work-related health newsletter – February 2025

Source: Worksafe New Zealand

Check out the latest guidance and resources, and a number of upcoming courses and conferences to help you ensure a healthy and safe work environment for you and your workers.

In this edition:

  • Updated leptospirosis guidance​
  • New restricted entry intervals and guidance
  • Mentally healthy work infographics
  • Psychosocial survey of the retail sector
  • Workplace exposure standards 
  • Engineered stone and respirable crystalline silica consultation 
  • New ACC recovery at work resources    
  • New Zealand Workplace Health and Safety Awards 2025 
  • MATES in Construction NZ awarded funding 
  • New Zealand Journal of Health and Safety Practice 
  • Courses and resources
  • Upcoming conferences

Read the full newsletter(external link)

Action needed now, as child poverty grows

Source: Council of Trade Unions – CTU

Data released today by Statistics New Zealand showed the urgent problem facing Aotearoa New Zealand in tackling child poverty, said NZCTU Te Kauae Kaimahi Economist Craig Renney.

“Child poverty is estimated by Stats NZ on three measures – before housing costs, after housing costs, and material poverty. All three central estimates of poverty rose last year. This is the second year in a row in which the trend is heading in the wrong direction. We need action now to turn this trend around,” said Renney.

“1 in 7 children are estimated to be living in households where they experience material poverty – that means 156,000 kids are missing out on essentials and living in cold and damp housing. That is the highest number since 2015.

“Child poverty is a prison that holds too many children in Aotearoa back. Unless we tackle this problem now, we will be paying the social costs over generations.

“Child poverty is not distributed equally. 1 in 4 tamariki Māori live in material poverty. 1 in 3 Pacific children live in material poverty. Where a household has a disabled person, 1 in 4 children in those households are in material poverty. For all these groups the number of children in material poverty has grown over the past two years.

“The Government is now missing all three of its child poverty targets. The Government’s key response to child poverty has been to water down the targets, reduce the value of welfare support, and cut the real value of the minimum wage.

“There is no plan to help these families living in poverty, instead they are being threatened with further sanctions and penalties.

“The Government is urgently talking up the need for an economic plan, but it doesn’t seem as if it shares the same sense of urgency for child poverty. Children deserve better than this Government’s indifference,” said Renney.

NZCTU welcomes passage of wage theft bill

Source: Council of Trade Unions – CTU

The Crimes (Theft by Employer) Amendment Bill passing committee stage in the House is a win for workers, said NZCTU Te Kauae Kaimahi President Richard Wagstaff. The Bill, which amends the Crimes Act 1961 to clarify that not paying an employee their wages is theft, will now head to Third Reading.

“We are thrilled that this Bill is making its way through the House and looks set to become law,” said Wagstaff.
 
“Theft is theft. It’s past time that the legal system recognises that ‘theft by employer’ is every bit as serious and criminal as any other type of theft.
 
“Currently, workers who suffer theft of their wages or minimum entitlements only have civil remedies available to them. Workers must spend their own money to argue their case in the court or the Authority, a cost that is too high for many. Too often cases of ‘theft by employer’ go unpunished and unresolved.
 
“We acknowledge Camilla Belich and Ibrahim Omer for their leadership on this issue and thank all political parties who have supported it.
 
“At a time when the workers’ rights in Aotearoa are under attack, we welcome this win for working people,” said Wagstaff.

Kinleith Mill to close paper production – E tū

Source: Etu Union

Union members are devastated to learn that Oji Fibre Solutions is set to close the paper manufacturing operations at Kinleith Mill in Tokoroa.

The closure will result in the loss of at least 230 jobs, with significant downstream impacts on the wider local community.

E tū senior delegate Ian Farall believes the company had made this decision long ago.

“The writing has been on the wall for some time, and the company never seemed serious about saving paper production,” Ian says.

“They have neglected essential maintenance that could have put us in a much stronger position. Of course, high power prices play a role, but the company should have been far better prepared for this.”

Ian also criticised the Government for failing to intervene meaningfully.

“We’re shocked and angry that the Government isn’t stepping in to save the paper mill. It’s a key part of our domestic manufacturing and vital to the wider Tokoroa community.”

Mario van der Putten, senior FIRST Union delegate at the mill, said workers were “bitterly disappointed” by the news.

“We were the last ones standing – the last paper-making machine in the country,” Mr van der Putten says.

“This puts our economy at risk and will have a ripple effect on primary industries that rely on our products for the safe, long-term storage of goods.

“We don’t believe the company has put forward a genuine business plan. Instead, they have reduced us to a business case. The writing was on the wall after two decades of underinvestment in the mill.

“This could end up being a disastrous decision that sinks the entire business. Specialist skills that take decades to master will be lost in the process.”

E tū Negotiation Specialist Joe Gallagher says the closure is yet another example of the Government failing to protect local industry.

“We hear Luxon talking about a focus on growth while doing next to nothing about the crisis facing manufacturing,” Joe says.

“The Prime Minister needs to get real about what economic prosperity actually looks like. It’s about protecting New Zealand’s industries and keeping local communities thriving, not standing by and letting them collapse.”

OJI needs to work with government and unions before closure

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi President Richard Wagstaff has called on OJI Fibre Solutions to work with the government, unions, and the community before closing the Kinleith Paper Mill.

“OJI has today announced 230 job losses in what will be a devastating blow for the community. OJI needs to work with all partners to make sure that we get the best outcome on the site,” said Wagstaff.

“At the meeting this morning, OJI officials disclosed that they were in negotiation with the Government about support for the Kinleith site. This support would be an investment in the pulp production side. It is essential that this investment comes with guarantees from OJI that as much employment is maintained on site as possible.

 “Given the offer from the Minister, and the potential impact on the supply chain if alternative suppliers of paper are not found, OJI should reconsider their decision today to terminate employees.

“OJI must get round the table with all parties and find a solution that keeps as much employment on the site as possible. OJI Kinleith products are a vital part of the supply chain for our dairy and fruit exports.

 “There is an opportunity here for a better outcome at Kinleith. One that would deliver more jobs, and brighter economic development for the region. We need to make that happen for the benefit of workers, the community and the regional manufacturing sector,” said Wagstaff.

Brooke van Velden completely undermines personal grievance system

Source: Council of Trade Unions – CTU

NZCTU Te Kauae Kaimahi President Richard Wagstaff is sounding the alarm about the latest attack on workers from Minister of Workplace Relations and Safety Brooke van Velden, who is ignoring her own officials to pursue reckless changes that would completely undermine the personal grievance system.

“Brooke van Velden’s changes will prevent workers from getting justice and compensation when they are fired without a good reason or mistreated at work,” said Wagstaff.
 
“There should be a level playing field between workers and their bosses, but the scales are already weighted against working people. The Minister is planning to make that situation much worse.
 
“Employers are being encouraged to disregard procedural fairness and natural justice. The changes will remove the ability of workers to receive compensation on the grounds of humiliation, loss of dignity and injured feelings if it can be proved a worker has contributed to the situation in some way. Employers will go on fishing expeditions, trawling for any tiny errors a worker has made in their job or their application for justice.
 
“It is absurd that under these changes, financial remedies for workers would be reduced by up to 100%. Workers who win their case may end up receiving nothing.
 
“Van Velden is ignoring her own officials who have said there is little evidence to back up these changes, that they would “significantly impede access to justice”. Officials also noted that  there will be a disproportionate impact on low-income workers. She has also blocked them from undertaking a proper review of the system.
 
“Unions, workers, and the community must come together and fight back against Brooke van Velden’s radical workplace relations agenda. We will not accept her repeated attempts to dismantle workers’ rights in this country,” said Wagstaff.