Court Summary - at a glance

Date of offence:
Between 24 October 2017 and 11 November 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$30,000

Safety lessons learned:
  1. Adequately identify the risks associated with the overhead powerlines, including the risks of electric shock and electrocution;
  2. Consult with Counties Power about the risks associated with the overhead powerlines and the steps required to eliminate, isolate or minimise these risks;
  3. Take any steps recommended by Counties Power to eliminate, isolate or minimise these risks;
  4. Ensure workers were trained and competent for the relevant work;
  5. Ensure there was a competent supervisor on site; and
  6. Ensure all work was carried out in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (ECP34).

Defendant name:
Fall Stop Scaffold Limited
 
Industry:
Building and construction
 
Date of offence:
Between 24 October 2017 and 11 November 2017
 
Facts in brief:
Fall Stop Scaffold Limited provided both scaffolding and roof edge protection for workers to replace a roof on a residential home. The top platform of the scaffold was more than four metres high with overhead power lines approximately four to five metres above that.

While dismantling the scaffolding, the victim was standing on the top platform. As he passed a six metre length of scaffolding pipe to another worker below, the scaffolding pipe inadvertently made contact with the 33kv overhead power lines and the scaffolding still surrounding the property. He suffered a significant electric shock and fell from the platform. He was caught by another worker before he hit the ground.
 
Related prosecutions:
 
Offence section:
Charge 1: Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015; and

Charge 2: Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Pukekohe - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$30,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$30,000 (in addition to $10,000 already paid) to the worker, $5,000 to the homeowners – for emotional harm
$4,896.57 – for consequential loss
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Fall Stop Scaffold Limited and QJB Roofing Limited (PDF 3.3 MB)
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