Court Summary - at a glance

Date of offence:
30 June 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
No fine imposed due to financial incapacity.

Safety lessons learned:

The defendant failed to ensure that:

  1. An adequate pre-harvest risk assessment was documented properly prior to commencing work at Skid 3, 257 Arapaoanui Road, Tangoio, Hawke's Bay.
  2. An adequate risk assessment was undertaken in relation to the use of plugs/bridges.
  3. Effective controls were put in place to minimise the risk of breaker outs being struck by falling logs.

Defendant name:
Logged on Logging 2020 Limited
 
Industry:
Forestry
 
Date of offence:
30 June 2021
 
Facts in brief:
A breaker out was struck by a falling log used as a “bridge” or “plug” used to assist dragging other cut logs up the felling site.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
 
Date(s) charged:
15 June 2022

Court:
Napier - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
No fine imposed due to financial incapacity.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $130,000 total.
Apportionment:
Surviving partner and child: $110,000
Mother: $10,000
Father: $10,000

Consequential loss – $202,187
Costs – $3,310.36 legal costs
 
Related Documents:
PDF
Decision – consequential loss, reparation, and prosecution costs: WorkSafe New Zealand v Logged on Logging 2020 Limited (PDF 1.2 MB)
PDF
Sentencing notes: WorkSafe New Zealand v Logged on Logging 2020 Limited (PDF 116 KB)
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