BuildLaw Issue 34 December 2018 | Page 7

Campbell, former owner and director of now-defunct Christchurch LightweightConcrete Limited, was fined $151,875 in October 2017. Middleditch, former director of Supercrete Auckland Limited, was fined $37,500 in February 2018.

Amendments to Building Code acceptable solutions and verification methods
The first consultation period within the new Bi-Annual Building Code System Update resulted in amendments to Seven Acceptable Solutions and to four Verification Methods for complying with the New Zealand Building Code. The consultation period took place from 8 August to 21 September with a total of 29 submissions received and amendments proposed to eleven clauses. Some submissions related to other matters, which have been reserved for future consideration.
The Ministry of Business, Innovation and Employment proposed to revoke the Simple House Acceptable Solution (SH/AS1), and it was decided this shall be done once the ‘Slab-on-ground in expansive soils’ information is transferred to Acceptable Solution B1/AS1. This is because such information on foundation design in expansive soils in SH/AS1 is not contained in any other Acceptable Solution.
The full list of amendments can be found at www.building.govt.nz
The changes will be effective from 30 November 2018, although the previous Acceptable Solutions and Verification Methods will continue to comply until 31 March 2019 inclusive.

Queensland Court confirms Work Health and Safety Obligations non-delegable
The Queensland District Court has recently













affirmed in the case of Betterlay Brick and Block Laying Pty Ltd v Williamson [2018] QDC 172 that a person conducting a business or undertaking (PCBU) bears the ultimate duty to ensure work health and safety (WHS) obligations are met.
The case in question concerned a block wall that had been erected by Betterlay Brick and Block Laying Pty Ltd, and that collapsed onto a subcontractor causing injury. An investigation into the incident revealed that the necessary steel reinforcements had not been inserted into the wall so it was at risk of falling at any time. As a result, Betterlay was charged with breaching sections 19(2) and 33 of the Queensland Work Health and Safety Act 2011, and fined $35,000 at first instance in 2017.
Section 19(2) provides that: A person conducting a business or undertaking must ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking; and s 33 provides that a PCBU failing to comply with a health and safety duty commits a category 3 offence and will be liable to a maximum