Court Summary - at a glance
Date of offence:
6 August 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$354,750
Safety lessons learned:
It was reasonably practicable for the New Zealand Defence Force to have:
- Ensured the provision of sufficient flame retardant personal protective equipment (PPE) as required by the Operation Venom Risk Management Plan.
- Ensured adequate training of its workers involved in the battle handling exercise (BHE) including proper training on the use of shields, and the throwing of Molotov cocktails.
- Ensured adequate supervision of its workers involved in the BHE including sufficient briefing and monitoring of all of those involved.
- Ensured the safe storage and use of hazardous substances used to make Molotov cocktails as part of the BHE.
Defendant name:
New Zealand Defence Force
Industry:
Public administration and safety
Date of offence:
6 August 2020
Facts in brief:
During a mock battle handling exercise, the three victims sustained burn injuries as a result of the use of Molotov cocktails.
NZDF did not ensure that its workers had sufficient flame retardant PPE, there was inadequate training of the workers involved in the exercise, there was inadequate supervision including insufficient briefing and monitoring, and the fuel used to make the Molotov cocktails was not stored in a safe manner.
NZDF did not ensure that its workers had sufficient flame retardant PPE, there was inadequate training of the workers involved in the exercise, there was inadequate supervision including insufficient briefing and monitoring, and the fuel used to make the Molotov cocktails was not stored in a safe manner.
Offence section:
Sections 36(1)(a), 48(10 and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
29 July 2021
Court:
Palmerston North - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$354,750
Maximum fine available:
$1.5 million
Reparation:
Emotional harm:
- Victim 1 - $50,000;
- Victim 2 - $40,000; and
- Victim 3 - $10,000
Costs:
- $3645.28
- Victim 1 - $50,000;
- Victim 2 - $40,000; and
- Victim 3 - $10,000
Costs:
- $3645.28
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