Court Summary - at a glance

Date of offence:
On or about 5 April 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $350,000. The fine was uplifted by 5% for previous convictions. Following discounts of 37.5% (5% remorse, 7.5% cooperation, 25% guilty plea), the final fine was set at $201,250.

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including the victim while the workers are at work in the business or undertaking, including operating the extruder system, did fail to comply with that duty and that failure exposed workers to a risk of serious injury.

It was reasonably practicable for Addiction Foods NZ Limited to have:

  • undertaken an effective risk assessment of the extruder having regard to its regular operational use and ancillary tasks, including cleaning, maintenance, or repair (both routine and unscheduled, including the removal of blockages and/or jams).
  • ensured that the openings to the extruder were guarded in a way which complied with AS/NZS 4024, by securing every part of the extruder against movement including inadvertent movement, until the diverter and associated guarding were returned to safe operating condition.
  • developed, documented, communicated, implemented and monitored safe working practices in respect of the removal and replacement of the diverter. 

Defendant name:
Addiction Foods NZ Limited
 
Industry:
Manufacturing
 
Date of offence:
On or about 5 April 2021
 
Facts in brief:
The defendant processed pet food. The defendant operated a twin screw extruder (the extruder) as part of its pet food processing plant.

On 4 April 2021, the victim (a worker for the defendant) and one of his co-workers, took steps to clear a blockage in the extruder. The victim turned off the seven switches used to shut down the different elements of the extruder, but he did not lock and tag out the machine. The victim then disassembled elements of the extruder in order to clear the blockage. The victim restarted the extruder, to eliminate any product left in the extruder barrel. Shortly thereafter, in an attempt to clear a blockage from the extruder, the victim inserted his hand into the opening to the extruder. His right index finger came into contact with the twin screw mechanism of the extruder and was amputated between his first and second knuckles.

The victim was taken to Tauranga Hospital, and while the end of his finger was able to be located from within the extruder, it could not be reattached.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
30 March 2022

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $350,000. The fine was uplifted by 5% for previous convictions. Following discounts of 37.5% (5% remorse, 7.5% cooperation, 25% guilty plea), the final fine was set at $201,250.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $20,000
Consequential loss - $710
Costs - $3,671
 
Related Documents:

Reserved decision on defendants capacity to pay a fine: WorkSafe New Zealand v Addiction Foods NZ Limited - September 2023

 

PDF
Sentencing notes: WorkSafe New Zealand v Addiction Foods NZ Limited - May 2023 (PDF 245 KB)
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