Court Summary - at a glance
Date of offence:
27 July 2023
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point for Ballance at $700,00. Following discounts of 40% fine imposed at $420,000.
Safety lessons learned:
It was reasonably practicable for the defendant to have:
- Provided, maintained, trained workers on, and monitored compliance with an effective safe system of work for cleaning and maintenance of the conveyor system, including developing and implementing an effective Standard Operating Procedure for this task.
- Ensured that the conveyor system was fitted with effective guarding and emergency stop devices, in accordance with industry guidance and standards (including AS/NZS 4024 Safety of Machinery).
Defendant name:
Ballance Agri-Nutrients Limited
Industry:
Manufacturing
Date of offence:
27 July 2023
Facts in brief:
A worker, Mr Wesley Tomich (the victim) sustained fatal crush injuries when cleaning a conveyor belt system. When attempting to step over one belt, which was moving, he lost his footing, fell onto the belt and was dragged underneath the metal frame of another conveyor belt.
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of HSWA.
Date(s) charged:
14 June 2024
Court:
Tauranga - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point for Ballance at $700,00. Following discounts of 40% fine imposed at $420,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $130,000; however, no award made as defendant made payments to the whānau of the victim totalling $287,202.86.
Consequential loss – $102,000; however, no award made as defendant made payments totalling $287,202.86.
Costs – $2,166.60.
Consequential loss – $102,000; however, no award made as defendant made payments totalling $287,202.86.
Costs – $2,166.60.
Related Documents:
Last updated