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Court Summary - at a glance

Date of offence:
8 October 2013
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$29,500

Safety lessons learned:
  1. Identify the risks to children from mowing operations – children are generally attracted to machines and the work they do.
  2. Provide clear and unambiguous guidance to staff as to the procedures to be followed when children were at risk from the tractor mower operation.

Defendant name:
Hastings District Council
 
Industry:
Public administration and safety
 
Date of offence:
8 October 2013
 
Facts in brief:
The Defendant is a District Council. On 8 October 2013, an employee was mowing Kirkpatrick Park (the park), which is situated at 700 Orchard Road, Hastings. Three children, including a four-year old, were playing at the park. While the employee was mowing the park, the four-year old was struck and run over by the right-hand side of the mower unit.
 
Offence section:
S15 Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Hastings - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$29,500
 
Maximum fine available:
$250,000
 
Reparation:
$65,000 (plus $12,537 paid directly to victims’ family for emotional harm)