Court Summary - at a glance
Date of offence:
5 February 2020
Plea:
Not guilty
Decision:
Convicted
Note: Judge alone trial on 23-25 May 2022. Reserved decision dated 1 June 2022. Sentencing hearing on 7 September 2022.
Note: Judge alone trial on 23-25 May 2022. Reserved decision dated 1 June 2022. Sentencing hearing on 7 September 2022.
Final decision date:
Fine imposed:
The starting point was assessed at $450,000, reduced to $360,000 following discounts.
Safety lessons learned:
The defendant failed to undertake an effective risk assessment specific to the site to identify and manage the risks.
Defendant name:
Wealleans Bay of Plenty Limited
Industry:
Agriculture
Date of offence:
5 February 2020
Facts in brief:
On 5 February 2020, the defendant was spreading lime fertiliser on a farm that is bordered on one side by the Tauranga Eastern Link Motorway (the motorway). The wind lifted the fertiliser, which is a fine, dusty product, and a dense cloud formed over the motorway. One motorist described it as driving into a “white piece of paper”.
While driving through the lime cloud, Susan Walmsley’s vehicle collided with vehicles in front and behind of her, and she died three days later of a traumatic brain injury.
While driving through the lime cloud, Susan Walmsley’s vehicle collided with vehicles in front and behind of her, and she died three days later of a traumatic brain injury.
Offence section:
Sections 36(2) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
3 February 2021
Court:
Tauranga - District Court
Plea:
Not guilty
Final decision date:
Decision:
Convicted
Note: Judge alone trial on 23-25 May 2022. Reserved decision dated 1 June 2022. Sentencing hearing on 7 September 2022.
Note: Judge alone trial on 23-25 May 2022. Reserved decision dated 1 June 2022. Sentencing hearing on 7 September 2022.
Fine imposed:
The starting point was assessed at $450,000, reduced to $360,000 following discounts.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $210,000
Consequential loss - $88,649.29
Costs - $23,929.27
Consequential loss - $88,649.29
Costs - $23,929.27
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