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Court Summary - at a glance

Date of offence:
15 June 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$100,000

Safety lessons learned:
  1. Conduct an effective risk assessment that adequately assessed the hazards workers were exposed to working on the ground in the same area as moving plant;
  2. Determine and implement appropriate physical barriers to separate workers and moving plant;
  3. Develop, document and implement an effective safe system of work;
  4. Effectively monitor and review the adequacy of control measures in place

Defendant name:
Newco Logistics Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
15 June 2017
 
Facts in brief:
The defendant operates a depot at Neilson Street, Auckland where its operation involves the handling, storage, survey and quality checking and repairs of containers stored on the site. On the day of the incident, the victim was struck by a 40.5 tonne container lifting machine (spreader) while working at the depot. The victim was fatally crushed.
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
13 June 2018

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$100,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$25,000 for emotional harm
$96,703.66 for consequential loss
$3,000 costs