publication . Preprint . 2006

Ex Ante Liability Rules in New Zealand's Health and Safety in Employment Act: A Law and Economics Analysis

Paul Gordon; Alan E. Woodfield;
Open Access
  • Published: 01 Jun 2006
In addition to penalties imposed for breaches of statutory duties in the event of workplace accidents involving physical harms, New Zealand's Health and Safety in Employment Act 1992 also provides for penalties where accidents have not occurred. Ordinary negligence rules are ex post in that both an accident and harm must occur before liability accrues, whereas ex ante liability rules create liability for deficient care per se. This paper examines whether liability for breaches of duty that do not give rise to accidents have a useful incentive-enhancing role for health and safety decisions by employers in the New Zealand context when used in conjunction with ex p...
free text keywords: ex ante and ex post liability; safety incentives, health and safety standards; uncertainty, jel:K32

Maré, D. and Papps, K. (2000-02), “The effects of occupational health and safety interventions”, Labour Market Bulletin, 101-31.

Mears, T. and Chapple, S. (1996), “Government involvement in health and safety: a literature review”, Report to the Department of Labour, Working Paper 96/3, Wellington, New Zealand Institute of Economic Research.

Nicholson, G. and Mrkusich, R. (2006), “The current state of health and safety prosecutions”, KensingtonSwan Lawyers, Workplace Safety Expo Paper 5-6 April 2006. Available at

Occupational Safety and Health Service of the Department of Labour (2003), A Guide to the Health and Safety in Employment Act 1992, Wellington, Department of Labour, available at

Robens (1972), Report of the Committee on Safety and Health at Work 1970-72, London, HMSO.

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