Court Summary - at a glance

Date of offence:
13 April 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$20,000

Safety lessons learned:
  1. Ensure that an effective method of identifying hazards and determining controls is used.
  2. Ensuring that a specific hazard management plan for the track work is developed implemented and monitored.
  3. Ensuring that digger operators were appropriately qualified and competent for the work being carried out.

Defendant name:
Mangorei Sawmill Limited
 
Industry:
Forestry
 
Date of offence:
13 April 2014
 
Facts in brief:
The Defendant company operates as a contractor in the forestry sector, including logging and track work. The victim was employed by the Defendant as a forestry / logging manager. The victim did not have relevant qualifications and the Defendant did not assess his competency.

The Defendant owned a Hitachi digger which was equipped with a roll over protection frame. The digger was being used by the victim to create a track to provide access to a flat area, as a worksite. The work was carried out on a steep gradient and wet papa rock face surface. The victim was working alone in an isolated area with limited means of communication when the digger he was operating slid on papa-rock and rolled down an embankment on its side. The victim suffered muscle damage to his left leg.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:
9 October 2014

Court:
New Plymouth - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$20,000
 
Maximum fine available:
$250,000
 
Reparation:
$10,000
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Mangorei Sawmill Limited (PDF 354 KB)
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