Court Summary - at a glance

Date of offence:
17 November 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $300,000. Discounts for guilty plea (25%), reparation (5%), remorse (5%), previous good character (5%), remedial steps taken (5%) and co-operation (5%). The end point for the fine was set at $150,000.

Safety lessons learned:

The defendant failed to:

  1. Provide and implement a safe system of work for working on the roof terrace, including a hazard and risk assessment of this work task;
  2. Minimise the risk of a fall from height by installing edge protection around the terrace;
  3. Ensure that workers had received effective information and instruction regarding working on the roof terrace, including the risk of a fall from height.

Defendant name:
Create and Construct Limited
 
Industry:
Building and construction
 
Date of offence:
17 November 2021
 
Facts in brief:
Two workers were directed to carry out work on a roof terrace before the edge protection (which had already been ordered) had arrived on site. One of the workers accidentally stepped over the side of the roof – 3m high and suffered a broken collarbone and a fractured left hand. He made a full recovery and returned to work for the employer for a time eight weeks after the incident.
 
Offence section:
 Sections 36(1)(a) and 48(1) and (2)(c) of HSWA.
 
Date(s) charged:
11 November 2022

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $300,000. Discounts for guilty plea (25%), reparation (5%), remorse (5%), previous good character (5%), remedial steps taken (5%) and co-operation (5%). The end point for the fine was set at $150,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $5,000

Consequential loss – None

Legal costs – $614.20
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Create and Construct Limited (PDF 231 KB)
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