Court Summary - at a glance

Date of offence:
26/02/2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$270,000

Safety lessons learned:
  1. Provide a standard operating procedure for culvert cleaning with sufficient clarity regarding when temporary traffic management is required for culvert cleaning;
  2. Require employees to undertake site-specific risk assessment safety briefings documented in on-site records;
  3. Ensure that employees have a clear understanding of the differing roles and responsibilities of foreman and site traffic management supervisor;
  4. Ensure that the worksite is appropriately managed in terms of an approved traffic management plan; and
  5. Ensure that temporary traffic management is installed before any work activity commenced.

Defendant name:
Higgins Contractors Limited
 
Industry:
Building and construction
 
Date of offence:
26/02/2019
 
Facts in brief:
"Three roadside maintenance workers were killed when a careless driver struck the rear of a traffic management truck, causing it to overturn and strike the three workers.

There had been no site-specific discussion about traffic management set up, hazard identification or risk assessment. The defendant’s standard operating plan for culvert cleaning dictated that the shoulder of the road or the nearest lane should have been closed, but this did not occur."
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
19-Feb-20

Court:
Whakatane - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$270,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$130,000 to each victim’s family ($390,000 total)
$104,520.95 apportioned between the victims’ families
$3,000 in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Higgins Contractors Limited (PDF 346 KB)
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