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Court Summary - at a glance

Date of offence:
25/04/2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$200,000, reduced to zero due to financial capacity, however the Court ordered a training order requiring the Defendant to provide its workers and director with training concerning working at height.

Safety lessons learned:
  1. Develop, implement, monitor and review an effective safe system of work for the construction of the agricultural shed;
  2. Provide effective information, training, instruction, and supervision to its workers constructing the agricultural shed, including about working at height;
  3. Ensure appropriate plant and equipment is used by workers when working at height;
  4. Adequately consult, co-operate with, and co-ordinate activities with Jacobs Contracting Limited as to the scope of their respective health and safety duties and to ensure risks of working at height are appropriately managed.

Defendant name:
New Vision Building and Construction Limited
 
Industry:
Building and construction
 
Date of offence:
25/04/2018
 
Facts in brief:
The victim was using a man cage attached to a tractor front loader to work at height, when the man cage became detached from the tractor. The victim and the man cage fell about 3.5 metres to the ground. The victim landed outside of the cage and his feet made contact with the ground, resulting in serious injury to his knees and requiring three months off work.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
23-Apr-19

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$200,000, reduced to zero due to financial capacity, however the Court ordered a training order requiring the Defendant to provide its workers and director with training concerning working at height.
 
Maximum fine available:
$1.5 million
 
Reparation:
$13,855.45 in emotional harm
$1,144.55 in consequential loss
$2,202.03 in costs