No soul to damn? Revisiting the case for corporate manslaughter in New Zealand
Currently a corporation cannot be convicted of manslaughter in New Zealand. Increasingly, this distinction demarcated between individuals and corporations seems out of touch, particularly in light of legislation passed in cognate jurisdictions and the ascendance of a plethora of industrial disasters both in New Zealand and abroad. Taking as its focus the Report of the Independent Taskforce on Workplace Health and Safety (2013), this paper contemplates the above issues, concluding that the offence’s alignment with fundamental criminal law principles makes a strong case for its introduction in New Zealand. Consideration is also given to the format and rules of attribution that should accompany a resolve to prosecute corporate manslaughter, finding that a more comprehensive discussion, going beyond the recommendations of the Taskforce, is necessary before any legislation is settled on.