Court Summary - at a glance

Date of offence:
29 January 2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $150,000 reduced to $82,500 following discounts: 25% guilty plea, 20% for previous good record, co-operation with the investigation and reparation if ordered and remorse. Fine reduced to nil on basis that money would be coming from ratepayers.

Safety lessons learned:

Being a PCBU who controls or manages a workplace, namely the Gore Oxidation Ponds at Grasslands Road, Gore (the Ponds), failed to ensure so far as was reasonably practicable, that workplace was without risks to the health and safety of any person, including Lachlan Paul Graham Jones.

Gore District Council should have, so far as was reasonably practicable, designed, installed and maintained fencing at the Ponds to prevent children from accessing the Ponds and to deter other members of the public from doing so.

Defendant name:
Gore District Council
 
Industry:
Public sector
 
Date of offence:
29 January 2019
 
Facts in brief:
A 3-year-old boy went missing and was later found drowned in the Gore District Councils oxidation pond.
 
Offence section:
Sections 37(1) and 49(1) and (2)(c) of the Health and Safety at Work Act 2015.
 
Date(s) charged:
23 January 2020

Court:
Gore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $150,000 reduced to $82,500 following discounts: 25% guilty plea, 20% for previous good record, co-operation with the investigation and reparation if ordered and remorse. Fine reduced to nil on basis that money would be coming from ratepayers.
 
Maximum fine available:
$500,000
 
Reparation:
Emotional harm - $110,000 total: $55,000 per parent
Consequential loss - N/A
Costs - legal costs of $18,874.85

 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Gore District Council (PDF 208 KB)
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