Architectural Window Solutions Limited

Building and construction

9 December 2019

The defendant (AWSL) engaged sub-contractors to carry out remedial building work. The victim was a young child, whose mother was a resident of apartments serviced by AWSL.

On 9 December 2019 AWSL sent two workers to the mother’s apartment. They conducted remedial work in the morning while the family was out, and were gone by midday before the family returned.

Shortly after arriving home the victim entered the kitchen where her mother was, choking and vomiting. She was carrying a transparent liquid that appeared similar to water, which her mother noted smelled like turpentine.

At the hospital the victim was tended to and diagnosed with accidental solvent ingestion. She had ingested a solvent known as Glasscorp Solvent Cleaner 7803, which was inadvertently left behind in an unlabelled drink bottle by one of the workers that morning. She was released later that night.

Sections 36(2), and 49(1) Health and Safety at Work Act 2015.

11 December 2020

Auckland - District Court

Guilty

Convicted

$49,500 (paid monthly over 5 years)

$1.5 million

Emotional harm - $10,000 (voluntary)
Costs - $1,823.58 in favour of prosecution (half of total cost)