Court Summary - at a glance

Date of offence:
26 November 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point was set at $540,000, reduced to $297,000 following discounts for remorse (5%), previous good character (5%), cooperation with the investigation (5%), reparation (5%) and early guilty plea (25%).

Safety lessons learned:
  1. Provided, maintained and monitored compliance with an effective safe system of work for cleaning and maintenance of the conveyor, including carrying out an effective risk assessment with effective controls and to have developed and implemented a Standard Operating Procedure for this task;
  2. Ensured that the conveyors were safe to use and clean, including being fitted with effective guarding in accordance to the industry standard; and
  3. Provided effective training and instruction about safely cleaning the conveyor.

Defendant name:
Dunlop Drymix Limited
 
Industry:
Manufacturing
 
Date of offence:
26 November 2021
 
Facts in brief:
On 26 November 2021, the victim was cleaning a conveyor at Dunlop Drymix Limited’s (the defendant) production warehouse with an air hose. The victim dropped the hose gun in between the conveyor rollers. He reached in with his right hand to try and retrieve the hose and as he did, his arm was pulled further into the conveyor, separating his right arm from his shoulder. The victim had to extract himself from the machine, and as he did, his right arm was amputated.
 
Offence section:
S 36(1)(a), 48(1) and 48(2)(c)
 
Date(s) charged:
23 November 2022

Court:
Palmerston North - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point was set at $540,000, reduced to $297,000 following discounts for remorse (5%), previous good character (5%), cooperation with the investigation (5%), reparation (5%) and early guilty plea (25%).
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $60,000 ($70,000 accepted by the Court however noted that a $10,000 ex-gratia payment was made to the victim by the defendant).

Consequential loss – N/A

Costs – $3,877.27
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Dunlop Drymix Limited (PDF 187 KB)
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