Court Summary - at a glance

Date of offence:
13 February 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $500,000. Discounts for guilty plea (25%), cooperation (5%), remorse (5%), reparation (5%), remedial steps (5%) and previous good character (5%) were applied. The end point for the fine was set at $225,000, which was to be paid over four years.

The Judge also took into account the company's response to the incident of engaging a health and safety expert in determining the final fine.

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 the victim, while the workers were at work in the business or undertaking, namely work involved in the packhouse operation, did fail to comply with that duty, and that failure exposed the workers to risk of serious injury.

It was reasonably practicable for the defendant to have:

  • Ensured that the R.B Fisher No9772 chain conveyor in the pack-house was adequately guarded
  • Undertaken an effective risk assessment of the conveyor system in the pack-house
  • Ensured that the R.B Fisher No9772 chain conveyor in the pack-house had an effective lock-out tag-out procedure.     

Defendant name:
Clyde Orchards (1990) Limited
 
Industry:
Agriculture
 
Date of offence:
13 February 2021
 
Facts in brief:
The defendant operates a fruit orchard with a pack house on site. The pack house has multiple pieces of machinery for grading and packaging fruit.

The victim sustained serious injury after both hands were drawn into a hazardous area on a chain conveyor in the pack house. The conveyor was not compliant with the AS/NZS 4024 guarding standard.

The victim’s ring, index and middle fingers on his right hand were amputated to the knuckle and the two fingers on his left hand were fractured.
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act
 
Date(s) charged:
8 February 2022

Court:
Alexandra - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $500,000. Discounts for guilty plea (25%), cooperation (5%), remorse (5%), reparation (5%), remedial steps (5%) and previous good character (5%) were applied. The end point for the fine was set at $225,000, which was to be paid over four years.

The Judge also took into account the company's response to the incident of engaging a health and safety expert in determining the final fine.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $35,000
Consequential loss - $2,465
Costs - legal costs of $3047.90 and $2,500 for operational costs
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Clyde Orchards 1990 Limited (PDF 361 KB)
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