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Court Summary - at a glance
Date of offence:
On or about 17 February 2023
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
Starting point at $450,000. Following discounts of 45% the final fine was set at $247,500.
Safety lessons learned:
It was reasonably practicable for N.P. and M.A. Coogan Partnership trading as Coogan Contracting to have:
- Completed an adequate risk assessment for the recovery of the tractor and mower, including identifying the hazard of overhead power lines.
- Ensured a safe method to recover the tractor and mower was followed, including ensuring no machinery, people or equipment came within the minimum approach distance of overhead power lines.
Defendant name:
NP and MA Coogan Partnership trading as Coogan Contracting
Industry:
Agriculture
Date of offence:
On or about 17 February 2023
Facts in brief:
Workers were using an excavator in attempt to remove a stuck tractor when it was lifted into powerlines. The worker who was in contact with the tractor at the time of the incident was electrocuted and died.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) Health and Safety at Work Act 2015
Date(s) charged:
18 January 2024
Court:
Taumarunui - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
Starting point at $450,000. Following discounts of 45% the final fine was set at $247,500.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – Sought $100,000 (court discounted money spent by PCBU in sending staff to his funeral in Ireland)
Consequential loss – None
Costs – $1,126.70 legal costs and $6,464 expert costs (accountant)
Consequential loss – None
Costs – $1,126.70 legal costs and $6,464 expert costs (accountant)
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