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Court Summary - at a glance

Date of offence:
On or about 11 April 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$0

Safety lessons learned:
  • Assess the woodlot and determine based on the nature and scope of the work whether their workers were competent to undertake the forestry operation given the nature and stand of trees and the hazards associated with felling at the woodlot;
  • Ensure that workers engaged to undertake tree felling were competent and able to undertake forestry work at the woodlot.

Defendant name:
Central Siteworks Limited (in liquidation)
 
Industry:
Forestry
 
Date of offence:
On or about 11 April 2017
 
Facts in brief:
The Defendant accepted a contract to undertake forestry work to fell and extract logs. Without making any assessment or inquiries regarding their competence, the Defendant engaged a foreman and crew to carry out the work. The foreman and crew only had experience in small scale tree removal and were not competent to carry out the work.

The victim was manually felling a tree when he felt it start to fall. He turned his back to get out of the way but was hit from behind and landed on a nearby stump. He suffered flail chest injury, rib fractures and a punctured lung.
 
Offence section:
Sections 36(1)(a) and 48(1) of the Health and Safety at Work Act 2015
 
Date(s) charged:
9 April 2018

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$0
 
Maximum fine available:
$1.5 million
 
Reparation:
$35,000.00 for emotional harm