Court Summary - at a glance
Date of offence:
15 December 2017
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
No fine due to financial incapacity.
Safety lessons learned:
Defendant name:
Log 4 U Harvesting Limited
Industry:
Forestry
Date of offence:
15 December 2017
Facts in brief:
The company engages in forestry work, felling and extracting trees. The company was contracted to harvest timber on a forestry block in Taranaki. The victim was a director of the company however by time of the incident the victim had retired. The day to day operations of the company were managed by the victim's son.
The victim's son assigned the victim to operate a bulldozer as the victim had operated machinery his whole working life. Prior to the incident a track was developed through a forestry block to allow machinery to move in and out as logs were cut and extracted. This was known as the ‘ridge track’. There was a particular part of the ridge track that was winding and steep called the ‘zig zag’.
On 15 December 2017, the victim was operating the bulldozer on the forestry block. At around lunchtime the victim was noticeably missing and out of radio contact. The victim's son and another worker went to look for the victim and found fresh earthworks at the zig zag. On further search the victim was found off track down the incline a few meters away from the overturned bulldozer.
The victim's son assigned the victim to operate a bulldozer as the victim had operated machinery his whole working life. Prior to the incident a track was developed through a forestry block to allow machinery to move in and out as logs were cut and extracted. This was known as the ‘ridge track’. There was a particular part of the ridge track that was winding and steep called the ‘zig zag’.
On 15 December 2017, the victim was operating the bulldozer on the forestry block. At around lunchtime the victim was noticeably missing and out of radio contact. The victim's son and another worker went to look for the victim and found fresh earthworks at the zig zag. On further search the victim was found off track down the incline a few meters away from the overturned bulldozer.
Offence section:
s36(1)(a), 48(1) and 49(1) of the Health and Safety at Work Act 2016.
Date(s) charged:
13 December 2018
Court:
New Plymouth - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
No fine due to financial incapacity.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $230,000
Consequential loss – $165,060
Costs – Nil
Consequential loss – $165,060
Costs – Nil
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