On 13 May 2026, the Supreme Court granted leave to the RH & JY Trust and its trustees to appeal the Court of Appeal’s decision in RH & JY Trust v WorkSafe New Zealand [2026] NZCA 12. The approved question is whether a trust and/or the trustees of a trust acting collectively is a “person” within the meaning of section 16 of the Health and Safety at Work Act 2015 (HSWA).

Background

The case arises from a fatal incident on a farm involving a child. WorkSafe New Zealand brought criminal charges under ss 37(1) and 48(1) of the HSWA against:

The sharemilker company (who subsequently pleaded guilty);
The trust; and
In the alternative, the trustees both individually and collectively.

Issue

The central question is whether a trust can be considered a “person” under s 16 of the HSWA, despite a trust not being a legal person under traditional trust law.

Court of Appeal Decision

A majority of the Court of Appeal held that while trust law provides a useful starting point, the court’s task, as always, is to interpret legislation in light of its text, purpose, and context. Section 16 of the HSWA defines “person” as including “a body of persons, whether corporate or unincorporate”. Section 17 then defines a PCBU broadly, focusing on the substance of who conducts the business or undertaking rather than legal form.

Accordingly, if a trust or trustees acting collectively can be treated as a “person” under s 16, they may be a PCBU where, in substance, they conduct the relevant business or undertaking.

Implications

We noted in our earlier commentary on the High Court ruling that the issue of whether a trust could be prosecuted as a PCBU was subject to appeal. The Supreme Court’s decision to grant leave means the issue will soon be finally determined.

Many New Zealand businesses operate through trust structures. The appeal will determine whether the Court of Appeal was correct that a trust, or trustees acting collectively, can fall within the HSWA’s concept of a “person” and therefore be capable of being a PCBU. It will also hopefully clarify who can be prosecuted, how charges should be framed, and how liability should be understood where business operations are carried out through a trust.

Until that question is resolved, businesses operating through trust structures, trustees, and insurers should treat the Court of Appeal decision as an important development, but not the final word.

This article was published by our Statutory Liability Hub

Resources

Supreme Court to Consider Whether Trusts Can Be “Persons” Under the HSWA

Fee Langstone