Court Summary - at a glance
Date of offence:
31 May 2022
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $475,000. Following discounts for an early guilty plea (25%), a good safety record (5%), reparation (7.5%), remedial steps (5%) and cooperation (5%), the fine was reduced to $249,375.
Safety lessons learned:
It was reasonably practicable for Jivan Produce Limited to have:
- Ensured there was an effective risk assessment of the onion topping machine including risks arising from any modification to the machine;
- Ensured that the onion topping machine was effectively guarded in accordance with industry standards and guidance, including monitoring the ongoing effectiveness of this guarding;
- Developed, implemented, monitored and trained workers on a safe system of work for the operation of the onion topping machine, including an effective standard operating procedure that informed how to safely unjam the onion topping machine
Defendant name:
Jivan Produce Limited
Industry:
Agriculture
Date of offence:
31 May 2022
Facts in brief:
A vegetable farm worker attempted to unblock an ‘onion topper machine’, which was able to be opened while still operating. The victim had his hand trapped in the mechanism of the machine and sustained significant injuries, being amputation of all four fingers on his left hand.
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) HSWA.
Date(s) charged:
18 May 2023
Court:
Pukekohe - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $475,000. Following discounts for an early guilty plea (25%), a good safety record (5%), reparation (7.5%), remedial steps (5%) and cooperation (5%), the fine was reduced to $249,375.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $35,000
Consequential loss – None ordered as this was already paid by the defendant.
Costs: $2,214.63
Consequential loss – None ordered as this was already paid by the defendant.
Costs: $2,214.63
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