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:
- Provide and implement a safe system of work for working on the roof terrace, including a hazard and risk assessment of this work task;
- Minimise the risk of a fall from height by installing edge protection around the terrace;
- 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
Consequential loss – None
Legal costs – $614.20
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