Court Summary - at a glance

Date of offence:
Between 4 April 2016 and 9 November 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$209,625.00

Safety lessons learned:
  1. Identify the hazard of falling branches and collapse of the tree in the rear play area (the tree).
  2. Assess the risks the tree posed, taking into account who was exposed, the harm that could result and the likelihood of harm being realised.
  3. Adequately consult and co-ordinate with Heng Tong Investments Limited about the management of risks to health and safety associated with the tree.

Defendant name:
Discoveries Educare Limited
 
Industry:
Education and training
 
Date of offence:
Between 4 April 2016 and 9 November 2016
 
Facts in brief:
Discoveries Educare Limited obtained resource consent to establish a childcare facility on a property owned by Heng Tong Investments Limited. An outdoor play area was built near a large eucalyptus tree, which died before the childcare centre opened. Following a gust of wind, a large cracking noise was heard. The tree collapsed onto and around the children and adults below. Four children were hit by the tree and injured.
 
Related prosecutions:
 
Offence section:
Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$209,625.00
 
Maximum fine available:
$1.5 million
 
Reparation:
$42,700 for four victims ($3,500 already paid to two victims) - emotional harm
$3,490.38 for one victim - consequential loss
$2,109.00 - costs
 
Related Documents:

Sentencing notes - WorkSafe New Zelanad v Discoveries Educare Limited and Heng Tong Investment Limited

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