Court Summary - at a glance
Date of offence:
29 March 2023
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
$75,000 to be paid by instalments of $1,250 per month over 5 years. This fine was reached with a starting point for the fine of $450,000 discounted through mitigation (50%) to $225,000 and reduced further due to the company’s financial position.
Safety lessons learned:
It was reasonably practicable for All Smart Kitchens & Granite Works Limited to have:
- completed an adequate risk assessment to identify the risk of the panels falling;
- ensured workers were trained in the safe system of work or supervised by a trained person.
Defendant name:
All Smart Kitchens & Granite Works Limited
Industry:
Manufacturing
Date of offence:
29 March 2023
Facts in brief:
A volunteer worker was assisting with the devanning of some stone slabs from a container. When attempting to remove the final slabs they fell on him causing him serious leg injuries.
Offence section:
sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
Date(s) charged:
18 January 2024
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
$75,000 to be paid by instalments of $1,250 per month over 5 years. This fine was reached with a starting point for the fine of $450,000 discounted through mitigation (50%) to $225,000 and reduced further due to the company’s financial position.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $45,000
Consequential loss – $0 due to payments made by defendant
Costs – $2,311.58 legal costs
Consequential loss – $0 due to payments made by defendant
Costs – $2,311.58 legal costs
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