Court Summary - at a glance

Date of offence:
Between 12 February and 6 August 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $70,000, with an uplift for previous record of non-compliance (5%) and a discount for early guilty plea (25%). The end point for the fine was set at $56,000.

Safety lessons learned:

The defendant failed to:

  1. Ensure that no trees were felled within two tree lengths of State Highway 60 until the required temporary traffic control and signage was in place, as set out in the Approved Code of Practice.
  2. Obtain formal authorisation and complied with any conditions set by the Road Controlling Authority or the landowners before work commenced.
  3. Ensure that all persons carrying out the tree-felling works were adequately qualified, trained, and competent in the methods of tree felling that were used.
  4. Lodge a written notice of intention to commence the tree-felling works at the Site at the nearest WorkSafe office to the Site at least 24 hours prior to commencing the works at the Site.

Defendant name:
Kevin Howard Stratford
 
Industry:
Forestry
 
Date of offence:
Between 12 February and 6 August 2021
 
Facts in brief:
Defendant carried out tree-felling services on a site adjacent to the state highway. WorkSafe was not notified in advance. The relevant Approved Code of Practice (ACOP) says the distance of tree felling should be at least two tree lengths from any road, railway, or public access unless provisions of section 2.12: signage and temporary traffic control have been complied with. No traffic management plan (TMP) was in place considering the proximity of the tree felling to the state highway. There was also no record of an application for a TMP through NZ Transport Agency Waka Kotahi or the Tasman District Council. The distance between the closest stump to the road was 7.4m with trees being around 30m tall.
 
Offence section:
Sections 36(2) and 48(1) and 48(2)(b) of the Health and Safety at Work Act 2015
 
Date(s) charged:
27 June 2022

Court:
Nelson - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $70,000, with an uplift for previous record of non-compliance (5%) and a discount for early guilty plea (25%). The end point for the fine was set at $56,000.
 
Maximum fine available:
$300,000
 
Reparation:
Emotional harm: N/A
Consequential loss: N/A
Legal costs: Nil
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Kevin Howard Stratford (PDF 217 KB)
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