Court Summary - at a glance

Date of offence:
Between 11 July and 20 September 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$30,000

Safety lessons learned:
  1. Ensure compliance with prohibition notices and relevant regulations.

Defendant name:
Essential Homes Limited
 
Industry:
Building and construction
 
Date of offence:
Between 11 July and 20 September 2018
 
Facts in brief:
WorkSafe issued a prohibition notice to the Defendant as a result of asbestos being identified at the site where the Defendant was undertaking demolition work. The prohibition notice prohibited all work or activity being carried out at the site (other than licensed asbestos removal work).

On 28 September 2018 WorkSafe was notified by the Defendant that it had demolished the main house at the site, this was in breach of the prohibition notice. The subsequent WorkSafe investigation identified that various types of work in breach of the prohibition notice had taken place and some of this work involved unlicensed asbestos removal.
 
Offence section:
Sections 107(1) and (2)(b) of the Health and Safety at Work Act 2015. Sections 7(1) and 7(6)(b) of the Health and Safety at Work (Asbestos) Regulations 2016.
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$30,000
 
Maximum fine available:
$500,000 – Health and Safety at Work Act
$50,000 – Asbestos Regulations
 
Reparation:
N/A
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Essential Homes Limited (PDF 304 KB)
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