Police argue business owner's 'pursuit of profit' led to criminal activity with years of poor health and safety compliance
The New Zealand police is seeking the forfeiture of millions of dollars' worth of assets owned by a business owner who was convicted for a workplace death in 2015.
The police applied for forfeiture of four properties, currently under restraining orders, owned by Ron Salter, his wife Natalie Salter, and their family trusts.
Ron Salter was previously convicted under the Health and Safety in Employment Act after the death of an employee in 2015, Stuff reported.
Now, the police are seeking the "proceeds of crime" against Salters, which is usually used to seize assets gained through drugs and organised crime.
In this case, the police are arguing that the "pursuit of profit" drove the Salters to "commit significant criminal activity" including years of poor health and safety compliance, the New Zealand Herald reported.
A High Court ruling on the case noted that this would the first-ever use of the proceeds of crime against an ordinary commercial business that had health and safety offences.
High Court case
According to the court, the police need to offer an undertaking to pay the Salters for losses in case their case fails. The matter reached the Court of Appeals, which upheld the ruling of the High Court.
It rejected the police's claims of a "chilling effect" on their ability to pursue and administer restraining orders because of the requested undertaking.
"The Commissioner is evidently confident of a successful outcome in relation to the application for forfeiture orders, and we consider that is likely to be a more powerful influence than any chilling effect of having to give an undertaking," the court ruled as quoted by Stuff.
Now, the police's application for forfeiture of the Salters' assets is tentatively schedule for a seven-week hearing in the High Court in October 2024.
Workplace death in 2015
The massive legal battle over assets stems from the death of contractor Jamey Lee Bowring in 2015.
Bowring, who was 24, was welding a tank that he didn't know contained a flammable mix of fumes that exploded.
Ron Salter pleaded guilty for the incident and was fined a total of $258,750 for breaching the Health and Safety in Employment Act and the Hazardous Substances and New Organisms Act.
He was sentenced to home detention for four and a half months, while his company was ordered to pay $110,000 in emotional harm reparations to Bowring's family.
