Court Summary - at a glance

Date of offence:
6 December 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $450,000, however no fine was imposed due to financial incapacity.

Safety lessons learned:

The defendant failed to:

  1. Ensure a competent person conducted an effective hazard and risk assessment of the dough extruder machine, including the transmission chain, to determine its compliance with the standard described in AS/NZS 4024 or better;
  2. Ensure the dough extruder machine was adequately safeguarded to the standard described in AS/NZS 4024 or better;
  3. Ensure its workers had adequate training, supervision, and experience necessary to safely use the dough extruder machine.

Defendant name:
Mommas Foods Group Limited
 
Industry:
Manufacturing
 
Date of offence:
6 December 2021
 
Facts in brief:
The victim sustained serious injuries to his right hand (near amputation of his right thumb, index, and middle fingers. His ring finger was unable to be saved and was amputated at the base near the hand, the little finger was shortened to the level just below his fingernail) while operating an inadequately guarded dough extruder machine.
 
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
2 December 2022

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $450,000, however no fine was imposed due to financial incapacity.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $35,000
Consequential loss – $11,284
Costs – $7,802.12
 
Related Documents:
PDF
Reserved decision: WorkSafe New Zealand v Mommas Foods Group Limited (PDF 233 KB)
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