Court Summary - at a glance

Date of offence:
24 February 2017
 
Plea:
Not guilty, found guilty on 8 September 2023 following a four day trial.
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $700,000 reduced to $577,500 following discounts for previous good character (5%), remedial action (7.5%) and co-operation (5%).

Safety lessons learned:

Section 36

It was reasonably practicable for McLellan Freight Limited to have:

  1. Ensured there was a safe system of work (including a traffic management plan) in respect of workers undertaking loading and unloading activities in ADM New Zealand Limited’s transitional facility at South Port, Bluff.

Section 34

It was reasonably practicable for McLellan Freight Limited to have:

  1. Consulted, co-operated and co-ordinated with the abovenamed PCBUs regarding a safe system of work (including a traffic management plan) for truck drivers and plant operators to be followed when using their PKE transitional facility.

Defendant name:
McLellan Freight Ltd
 
Industry:
Postal, transport and warehousing
 
Date of offence:
24 February 2017
 
Facts in brief:
In the early hours of the morning while completing works at a storage shed in Bluff, the victim exited the truck he was driving and was fatally struck by a loader driver as it reversed within the storage shed they were both working in.
 
Related prosecutions:
 
Offence section:
S36(1) (a) and s48 and s34 of HSWA.
 
Date(s) charged:
10 April 2018

Court:
Invercargill - District Court
 
Plea:
Not guilty, found guilty on 8 September 2023 following a four day trial.
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $700,000 reduced to $577,500 following discounts for previous good character (5%), remedial action (7.5%) and co-operation (5%).
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm McLellan Freight was ordered to pay $65,000 of $130,000 in emotional harm. The remainder was paid by the other defendants, Herberts Transport Limited and Transport Services Southland Limited (being $32,500 each).

McLellan Freight was ordered to pay $50,869 of $120,128 in consequential loss. The remainder was paid by the other defendants, Herberts Transport Limited and Transport Services Southland Limited (being $34,629.50 each).

Legal costs - $28,468.21
Expert costs - $13,190.45
 
Related Documents:
PDF
Judgment: WorkSafe New Zealand v McLellan Freight Limited (PDF 794 KB)
PDF
Sentencing notes: WorkSafe New Zealand v McLellan Freight Limited (PDF 1.2 MB)
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