Court Summary - at a glance

Date of offence:
Between 14 December 2020 and 5 February 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $620,000 reduced nominally to $341,000 following mitigation

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers are at work in the business carrying out roof repairs and repainting, did fail to comply with that duty and that failure exposed individuals, including John James Moreton, to a risk of death or serious injury arising from a fall from height.

It was reasonably practicable for Dans Renovations Limited to have:

  • Ensured that edge protection was installed around the perimeter of the roof at 62 Orbell Street, Sydenham, Christchurch.
  • Ensured that a site specific safety plan was developed, implemented and communicated to all workers on the site at 62 Orbell Street, Sydenham, Christchurch. 

Defendant name:
Dan's Renovations Limited
 
Industry:
Building and construction
 
Date of offence:
Between 14 December 2020 and 5 February 2021
 
Facts in brief:
The victim was a painter who fell off the edge of a roof - falling about 4.5 m. The victim suffered critical head and chest injuries, resulting in his death. No edge protection had been installed on the roof.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
21 January 2022

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $620,000 reduced nominally to $341,000 following mitigation
 
Maximum fine available:
$1.5million
 
Reparation:
Emotional harm - total of $130,000 to be divided:
- $80,000 to wife of deceased
- $10,000 each for the five children of the deceased (awards made without VIS)
Consequential loss:
- $122,899.40 - ACC top up to be paid to the wife of deceased
- $1,536.50 - to be paid to wife of deceased for time taken off work during the funeral as unpaid leave
- $7,259.68 - to be paid to the daughter of deceased for funeral expenses
Costs:
- $5,048.03
 
Related Documents:
PDF
WorkSafe New Zealand v Dan's Renovations Limited (PDF 302 KB)
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