Court Summary - at a glance
Date of offence:
28 December 2020
Plea:
Found guilty on 11 April 2022 following a formal proof hearing
Decision:
Convicted
Final decision date:
Fine imposed:
His Honour reduced the fine at the final stage of sentencing to an end fine of $350,000
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of other persons, including the victim, was not put at risk from work carried out as part of the conduct of the business or undertaking, namely while riding the landborne inflatable slide (the mammoth slide), and that failure exposed individuals to a risk of death or serious injury from a fall from height.
It was reasonably practicable for JTK Trustee Limited to have:
- Ensured the mammoth slide complied with required standards, including AS 3533.4.1 – 2005/2018 and Electricity (Safety) Regulations 2010.
- Developed, implemented, and monitored an effective safe system of work associated with all activities relating to the operation of the mammoth slide, including clear operating requirements and an effective emergency plan.
- Ensured its workers provided adequate supervision and instructions to persons riding the mammoth slide.
Defendant name:
JTK Trustee Limited
Industry:
Arts and recreation
Date of offence:
28 December 2020
Facts in brief:
The victim was on the platform at the top of an inflatable slide when it suddenly and rapidly deflated, causing the victim and 11 others (the majority of which were children) to fall 12.1 metres to the ground. The victim sustained serious leg injuries.
Offence section:
Sections 36(2) and 48(1) and (2)(c) Health and Safety at Work Act 2015
Date(s) charged:
20 December 2021
Court:
Waihi - District Court
Plea:
Found guilty on 11 April 2022 following a formal proof hearing
Final decision date:
Decision:
Convicted
Fine imposed:
His Honour reduced the fine at the final stage of sentencing to an end fine of $350,000
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $40,000
Consequential loss - $12,958
Costs - $4337.77
Consequential loss - $12,958
Costs - $4337.77
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