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Court Summary - at a glance
Date of offence:
On or about 5 October 2021
Plea:
Guilty
Decision:
Convicted and sentenced
Final decision date:
Fine imposed:
Starting point for Grouting at $500,000. Following discounts of 60%, fine imposed at $180,000 to be paid over 12 months.
Safety lessons learned:
It was reasonably practicable for Grouting Services NZ Limited to ensure it provided:
- a safe system of work in respect of deconstructing each waler beam, including by undertaking an effective risk assessment and by providing a system to arrest the relevant beam’s fall.
Defendant name:
Grouting Services NZ Limited
Industry:
Building and construction
Date of offence:
On or about 5 October 2021
Facts in brief:
The victim and two other workers for the defendant were assigned to de-stress and remove ground anchor tendons and remove a waler beam from the basement ceiling of a building still under construction. The victim had completed a cut of a corbal which supported the beam, resulting in the waler beam falling onto him. The victim suffered fatal injuries.
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
Date(s) charged:
3 October 2022
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and sentenced
Fine imposed:
Starting point for Grouting at $500,000. Following discounts of 60%, fine imposed at $180,000 to be paid over 12 months.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm:
$110,000 to be paid immediately – apportioned as:
$77,000 (for the victim’s mother)
$11,000 (for each of the victim’s three brothers)
Costs – N/A – already paid by defendant
$110,000 to be paid immediately – apportioned as:
$77,000 (for the victim’s mother)
$11,000 (for each of the victim’s three brothers)
Costs – N/A – already paid by defendant
Related Documents:
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