In 2023, a serious workplace incident at its Rotorua site prompted immediate reflection from Claymark Group Limited Partnership (Claymark), New Zealand’s largest appearance-grade timber manufacturer.  For Claymark, this incident became a catalyst for change.

Rather than follow a traditional path toward conviction and sentencing under the Health and Safety at Work Act 2015 (HSWA), Claymark accepted a recommendation by Anthony Harper and pursued an Enforceable Undertaking (EU) instead. This response focused on safety benefits and positioned the business as a leader in health and safety innovation across the wider wood manufacturing sector. As Paul Pedersen, Claymark's Executive Director, said:

“Through our enforceable undertaking, we see a valuable opportunity to drive meaningful, people-focused change, both within Claymark and across the wood manufacturing sector.”

Turning a critical incident into industry transformation

From the outset, Claymark signalled a willingness to go further than required, committing to solutions that would protect its workers, rebuild trust, and set a new safety benchmark for industry standards.

This approach enabled the business to invest in targeted safety improvements, industry education, and worker-focused initiatives, rather than simply paying a fine.  

Our role in the EU process

Anthony Harper worked closely with Claymark, providing both legal and strategic support including:

• Strategic assessment and engagement: We advised Claymark on the feasibility and suitability of an EU, considering WorkSafe’s priorities and harnessing Claymark's willingness to drive change at all levels from workers to the Board.
• EU development: We arranged external collaboration and expertise, and supported the refining of proposed initiatives that demonstrated real value built on industry best practice.
• Framing the application: Using our unique expertise and insight, we helped Claymark prepare a strong narrative that emphasised its commitment to safety, and its willingness to lead industry change.
• Support and preparation: We supported Claymark through the entire process, providing guidance and giving Claymark confidence at each stage of the application process through to its successful outcome.

What Claymark committed to

Claymark’s EU was accepted by WorkSafe in early 2025. It involved an investment of nearly $500,000 in safety improvements, with a programme of initiatives designed to deliver long-term benefits to workers, the industry, and the community, including:

• Improved machine guarding and staff consultation processes.
• Installation of AI-driven AI driven guarding?
• Development of bilingual safety materials and training to support Claymark’s diverse workforce.
• Industry-wide sharing of learnings, including safety resources and engagement with the wider wood manufacturing sector.
• Community impact initiatives, including donations to local charities and community education programmes.

A model for industry accountability

By leveraging the EU process, Claymark was able to address the cause of the incident, and set new standards for engagement, accountability, and investment in safety.

As Mr Pedersen said:

“We are committed to ensuring an incident like this never happens again.”

Thinking about an EU? Talk to us early

If your organisation is being investigated by WorkSafe and facing a potential prosecution under the HSWA, or you've been approached by another regulator, we can help.  Seeking to resolve a potential prosecution through an EU can short circuit other legal processes, saving time, stress, and money.  Early action is essential.  

Our Health and Safety team has unique insights into the EU process:

• Grant Nicholson has extensive experience guiding clients through the process, having been involved in approximately 20% of the EUs accepted by WorkSafe to date.
• Catalijne Pille offers a regulator-side perspective and insight, having previously led WorkSafe’s EU team and sat as a member of WorkSafe's EU assessment panel.  She understands what WorkSafe is looking for and how to align initiatives with WorkSafe's broader regulatory strategy.

Grant and Catalijne can advise you on whether an EU is suitable in your circumstances, and guide you on the regulator's expectations and the development of initiatives, helping you to:

• Evaluate whether an EU is right for your organisation.
• Prepare meaningful and strategic initiatives.
• Navigate engagement with the regulator.
• Frame your application for credibility and success.

If you're interested in learning more about whether an EU is the right path for your organisation, get in touch with our Health and Safety team.