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Court Summary - at a glance
Date of offence:
14 August 2020
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
In respect of the section 36 charge, the starting point for the fine was set at $300,000, being the low end of the medium culpability band. The final fine was set at $165,000, following discounts of 45% for reparation, remorse, good character and early guilty plea.
However, the Judge entered a conviction rather than a fine, adjourning the section 36 charge for 18 months for Icepak to give and comply with the court ordered enforceable undertaking.
In respect of the section 56 charge, the Judge entered a conviction and imposed a fine of $8,000.
However, the Judge entered a conviction rather than a fine, adjourning the section 36 charge for 18 months for Icepak to give and comply with the court ordered enforceable undertaking.
In respect of the section 56 charge, the Judge entered a conviction and imposed a fine of $8,000.
Safety lessons learned:
The defendant failed to:
- Develop, implement, monitor and review an effective risk assessment procedure that identified and managed controls that were necessary to protect workers from risks to their safety when working with the mobile conveyor.
- Develop, implement, and maintain an effective safe system of work that ensured ongoing safe use of the mobile conveyor by its workers, including pre start checks, and a maintenance programme for the mobile conveyor.
- Ensure the provision of effective information, training, instruction and supervision that was necessary to protect workers from risks to their safety when working with the mobile conveyor.
- Ensure that the regulator, WorkSafe New Zealand, was notified of the event as soon as possible.
Defendant name:
Icepak New Zealand Limited
Industry:
Manufacturing
Date of offence:
14 August 2020
Facts in brief:
The victim, an employee of the defendant, received injuries from suffering an electric shock while loading produce into a container using an electric mobile conveyor.
Offence section:
Sections 36(1)(a) and 48 and 56(1) and 56(6)(b) of the Health and Safety at Work Act 2015
Date(s) charged:
26 August 2021
Court:
Palmerston North - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
In respect of the section 36 charge, the starting point for the fine was set at $300,000, being the low end of the medium culpability band. The final fine was set at $165,000, following discounts of 45% for reparation, remorse, good character and early guilty plea.
However, the Judge entered a conviction rather than a fine, adjourning the section 36 charge for 18 months for Icepak to give and comply with the court ordered enforceable undertaking.
In respect of the section 56 charge, the Judge entered a conviction and imposed a fine of $8,000.
However, the Judge entered a conviction rather than a fine, adjourning the section 36 charge for 18 months for Icepak to give and comply with the court ordered enforceable undertaking.
In respect of the section 56 charge, the Judge entered a conviction and imposed a fine of $8,000.
Maximum fine available:
Section 36 charge - $1.5 million
Section 56 charge - $50,000
Section 56 charge - $50,000
Reparation:
Emotional harm - $30,000
Costs - $6,243.56
Costs - $6,243.56
Related Documents:
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