Court Summary - at a glance

Date of offence:
19 April 2022
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $550,000, with discounts for co-operation (5%), remorse (5%), reparation (5%), previous good record (5%), guilty plea (25%). The end point for the fine has been suppressed.

Safety lessons learned:

The defendant failed to have:

  • Ensured an adequate system was in place to capture, communicate and comply with the requirements of close approach consents and Field Service Provider safety briefings.
  • Ensured the scaffold was dismantled in accordance with the requirements of the close approach consent and the Field Service Provider’s safety briefing.

Defendant name:
CPA 2022 Limited
 
Industry:
Building and construction
 
Date of offence:
19 April 2022
 
Facts in brief:
A scaffolder removing scaffolding around a residential dwelling was electrocuted when a scaffolding pole he was holding while dismantling the scaffold made contact with 33kV overhead power lines.

The defendant company had sought and obtained a close approach consent to operate in the proximity to the lines, but did not comply with the requirement of the consent to send the same workers who had received a safety briefing and installed the scaffolding to disassemble the structure.

The victim had both of his arms amputated, and lost the use of his legs due to the electrocution injuries.
 
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
5 April 2023

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $550,000, with discounts for co-operation (5%), remorse (5%), reparation (5%), previous good record (5%), guilty plea (25%). The end point for the fine has been suppressed.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – Suppressed
Consequential loss – Suppressed
Legal costs – $3,208.54
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v CPA 2022 Limited (PDF 491 KB)
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