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:
$119,000

Safety lessons learned:
  1. Develop and implement an adequate health and safety management plan for the property.
  2. Adequately manage the risks the tree in the rear play area (the tree) posed to the health and safety of those at the property.
  3. Adequately consult and co-ordinate with Discoveries Educare Limited regarding the identification and management of risks to health and safety at the property (including the tree).

Defendant name:
Heng Tong Investment Limited
 
Industry:
Education and training
 
Date of offence:
Between 4 April 2016 and 9 November 2016
 
Facts in brief:
Heng Tong Investment Limited owned a property on which Discoveries Educare Limited obtained resource consent to establish a childcare facility. 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.
 
Offence section:
Sections 36(2), 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:
$119,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$30,800 for four victims
$2,019 - costs
 
Related Documents:

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

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