Court Summary - at a glance

Date of offence:
Between 16 April 2021 and 6 May 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $120,000. This was reduced to $66,000 following a discounts for co-operation with the investigation, previous good character and remorse (20%) and an early guilty plea (25%).

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, including Matthew Hayden Curr, Taine Stephen Nirvana McLachlan, Clint Lindsay Richardt, Stephen John Coe and Sonny Nathan Innes while the workers were at work in the business or undertaking, namely floor levelling and sealing of the showroom floor at 266 Stafford Street, Timaru, did fail to comply with that duty.

It was reasonably practicable for Wilson Building Timaru Limited to have:

  • Sought an Asbestos Management Plan from the building owner at any time.
  • Ensured a competent person determine whether the downstairs vinyl flooring in 266 Stafford Street, Timaru contained asbestos, prior to removing it.
  • Engaged a licensed Class A asbestos removalist to remove the asbestos in the downstairs vinyl flooring in 266 Stafford Street, Timaru.
  • Effectively consulted and co-ordinated activities with other PCBUs involved in the work on site, concerning the presence and removal of asbestos.

Defendant name:
Wilson Building Timaru Limited
 
Industry:
Building and construction
 
Date of offence:
Between 16 April 2021 and 6 May 2021
 
Facts in brief:
The offending involved the removal of asbestos-backed vinyl flooring by a worker for the defendant who was not licensed to remove the asbestos, causing the asbestos to become friable, resulting in the release of asbestos fibres into the air.

Consequently, workers (for another PCBU, Armour Group) working in the building were then exposed to inhaling or ingesting an unknown quantity of highly friable Class A asbestos fibres over a period of four days.

The nature of the work done by the Armour Group workers in the building increased the risk of exposure.
 
Offence section:
Sections 36(1)(a) and 49(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
12 April 2022

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $120,000. This was reduced to $66,000 following a discounts for co-operation with the investigation, previous good character and remorse (20%) and an early guilty plea (25%).
 
Maximum fine available:
$500,000
 
Reparation:
Emotional harm - N/A
Consequential loss - N/A
Costs - $7,825
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Wilson Building Timaru Limited (PDF 158 KB)
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