Court Summary - at a glance
Date of offence:
31 January 2019 and 30 July 2019.
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
Starting point $40,000 reduced to $26,000.
Safety lessons learned:
The defendant failed to regularly review Skyline Harvest Systems Limited’s on-site health and safety systems and performance in that it did not check:
- whether Safe Behaviour Observations of its workers were being carried out by Skyline when it visited the site on 31 January 2019, 20 February 2019 and 15 April 2019.
- whether Skyline’s crew was self-auditing when it visited the site on 31 January 2019, 20 February 2019, and 12 June 2019
- Tree Awareness Management Limited's health and safety paperwork when it visited the site on 30 June 2019, 16 July 2019, 24 and 30 July 2019.
Defendant name:
Tree Awareness Management Limited
Industry:
Forestry
Date of offence:
31 January 2019 and 30 July 2019.
Facts in brief:
On 21 August 2019, while working as a contract worker for Skyline Harvest Systems Limited (Skyline), Mr Nathan Paikea (the victim) suffered fatal injuries when he was struck by a falling tree while clear-felling a significant area of steep hill-side trees in Tututawa Forest Block (the site).
The site was owned and managed by Tree Awareness Management Limited (the defendant) at the time of the incident. Skyline was subcontracted by the defendant to harvest the site.
The site was owned and managed by Tree Awareness Management Limited (the defendant) at the time of the incident. Skyline was subcontracted by the defendant to harvest the site.
Offence section:
Section 36(1)(a) and 49(1) and (2)(c) of the Health and Safety at Work Act 2015.
Date(s) charged:
20 August 2020
Court:
New Plymouth - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
Starting point $40,000 reduced to $26,000.
Maximum fine available:
$500,000
Reparation:
Emotional harm - n/a
Consequential loss - n/a
Costs - legal costs of $6,821.93.
Consequential loss - n/a
Costs - legal costs of $6,821.93.
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