Court Summary - at a glance
Date of offence:
23 June 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point of $400,000. Fine end point of $180,000 following discounts: 25% guilty plea, 5% co-operation, 5% remorse, 5% reparation, 10% remedial steps taken, 5% good safety record. Total 55%.
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers whose activities in carrying out work are influenced or directed by the PCBU, including the victim, while the workers were carrying out work in the business or undertaking, namely operating the A5 debarker, did fail to comply with that duty, and that failure exposed the workers to risk of serious injury or death.
It was reasonably practicable for the defendant to have:
- Ensured a machine guarding assessment of the A5 debarker was completed by a competent person prior to its operation in New Zealand
- Ensured the machine guarding on the A5 debarker met the requirements of AS/NZ 4024 prior to operating the A5 debarker in New Zealand.
Defendant name:
CFGC Forest Managers (NZ) Limited
Industry:
Manufacturing
Date of offence:
23 June 2021
Facts in brief:
The victim sustained serious injuries after he reached into the gap between the upper and lower rollers which crossed the light beam that activates the rollers of the A5 debarker machine. The rollers closed and trapped the victim’s wrist. He sustained a compound fracture and dislocated wrist.
Related prosecutions:
Offence section:
Sections 36(1)(b) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
Date(s) charged:
15 June 2022
Court:
Whangarei - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point of $400,000. Fine end point of $180,000 following discounts: 25% guilty plea, 5% co-operation, 5% remorse, 5% reparation, 10% remedial steps taken, 5% good safety record. Total 55%.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $10,000 ($10,000 also paid by Newey Construction Limited)
Consequential loss - N/A
Costs - Legal costs: $1,6602.26. Operational costs: $2,228.12
Consequential loss - N/A
Costs - Legal costs: $1,6602.26. Operational costs: $2,228.12
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