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Court Summary - at a glance

Date of offence:
28 July 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$378,000

Safety lessons learned:

Develop and implement a safe system of work for the creation of the bunds above vertical slopes.

Defendant name:
Oceana Gold (New Zealand) Limited
 
Industry:
Extractives
 
Date of offence:
28 July 2016
 
Facts in brief:
A worker was operating a bogger machine at an underground mine to build a rock bund across the top level of an open stope. His machine was found at the bottom of the stope, having fallen about 15 metres and leaving him with unsurvivable injuries.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Waihi - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$378,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$0 - emotional harm ($200,000 already voluntarily paid by the Defendant)
$350,000 - consequential loss (This amount was set aside on appeal. The Defendant’s insurance policy paid $450,000 to the victim’s family)
$3,672 - costs