WorkSafe New Zealand is reminding property owners, and those carrying out building work, that inspectors' notices are legally binding - and ignoring them puts safety at risk.
It follows the sentencing of Palmerston North property owner Sanal Lonappan, who defied inspectors and continued refurbishing a building confirmed to contain asbestos, despite a prohibition notice ordering the refurbishment work to stop.
WorkSafe began issuing notices in May 2022 after becoming concerned asbestos was present. What followed was a sustained pattern of non-compliance. Mr Lonappan repeatedly ignored statutory requests to provide documents and information. Inspectors observed work continuing in breach of the prohibition notice, and Mr Lonappan was seen removing notices affixed to the building's entrances.
WorkSafe's area manager, Carl Baker, says the defiance was repeated, deliberate, and ultimately unsuccessful.
"This was not a one-off lapse. There were multiple chances to engage and put things right. Ignoring our notices did not avoid accountability - it led to a conviction and a fine. When we issue a prohibition notice, work must stop immediately. That notice exists because there is a risk of serious harm. It is a legal requirement, not a suggestion."
The risk was real. Soffit linings were being removed from a canopy directly above a public footpath. When asbestos-containing materials are disturbed without proper controls, fibres can become airborne - putting workers and passers-by in danger.
Asbestos is the leading cause of work-related death in New Zealand, killing around 220 people every year. Because symptoms can take decades to appear, exposures today may not become visible for years.
Anyone planning work on buildings built or renovated before 2000 should treat asbestos as a live risk. If you are carrying out refurbishment or demolition work, you must:
- commission an asbestos survey from an accredited surveyor before work begins
- never disturb or remove materials that may contain asbestos without proper testing
- where removal is required, use a licensed removalist
- immediately comply with any prohibition notice
- cooperate with WorkSafe inspectors. Failing to do so is a criminal offence under the Health and Safety at Work Act 2015.
WorkSafe has recently updated its asbestos guidance which is now tailored for different users, including property owners, tradespeople, surveyors, and removalists.
Read WorkSafe's updated asbestos guidance
Background
- Sanal Lonappan was sentenced in the Palmerston North District Court.
- Judge Lance Rowe imposed a fine of $32,000.
- Sanal Lonappan was charged under sections 107(1) and (2)(a), 176(1) and (2)(a) and 118(1), (2) and (3)(a) of the Health and Safety at Work Act 2015:
- Being a person on whom duties are imposed under the Health and Safety at Work Act 2015 (HSWA) who:
- breached a prohibition notice
- failed to give all reasonable assistance to WorkSafe New Zealand inspectors, to enter, inspect, examine, inquire or exercise any other power under HSWA; and
- intentionally removed a prohibition notice.
- Being a person on whom duties are imposed under the Health and Safety at Work Act 2015 (HSWA) who:
