Court Summary - at a glance
Date of offence:
27 October 2012
Plea:
Guilty
Decision:
• Section 6: Convicted
• Section 25: Withdrawn
• Section 25: Withdrawn
Final decision date:
Fine imposed:
$10,000 (for each Defendant)
Safety lessons learned:
- Ensure that all hazards on the farm were identified, assessed and recorded;
- Ensure that effective hazard controls were in place; and
- Ensure that all employees used personal protective equipment including helmets.
Defendant name:
Kenneth Rae McLanachan
Industry:
Agriculture
Date of offence:
27 October 2012
Facts in brief:
The Defendant is in a partnership which owns a number of properties including Te Kumi station.
The partnership owned a number of quad bikes which were used by employees. The victim was employed by the partnership as a farm manager.
On the day of the incident, the victim was using a quad bike to retrieve his dogs who were chasing lambs. Although there was a helmet available, he was not wearing it. The victim was found after hitting a large tree, as there were no witnesses the cause of the accident is unknown.
The victim suffered a broken neck and significant brain damage.
The partnership owned a number of quad bikes which were used by employees. The victim was employed by the partnership as a farm manager.
On the day of the incident, the victim was using a quad bike to retrieve his dogs who were chasing lambs. Although there was a helmet available, he was not wearing it. The victim was found after hitting a large tree, as there were no witnesses the cause of the accident is unknown.
The victim suffered a broken neck and significant brain damage.
Related prosecutions:
Offence section:
• Sections 6 and 50(1)(b) of the Health and Safety in Employment Act 1992
• Sections 25 and 50(1)(b) of the Health and Safety in Employment Act 1992
• Sections 25 and 50(1)(b) of the Health and Safety in Employment Act 1992
Date(s) charged:
Court:
Gisborne - District Court
Plea:
Guilty
Final decision date:
Decision:
• Section 6: Convicted
• Section 25: Withdrawn
• Section 25: Withdrawn
Fine imposed:
$10,000 (for each Defendant)
Maximum fine available:
$250,000
Reparation:
$25,000 (for each Defendant)
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