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Court Summary - at a glance

Date of offence:
3 March 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$220,800

Safety lessons learned:

Ensure the HolyTek Band ReSaw is adequately guarded in accordance with AS/NZS 4024 or a same or similar standard to prevent access to moving parts.

Defendant name:
The Pallet Company (Hawke’s Bay) Limited
 
Industry:
Manufacturing
 
Date of offence:
3 March 2018
 
Facts in brief:
The Defendant manufactures pallets, crates and a variety of fruit bins. It bought its business in 2012 and included in the purchase was a bandsaw. The bandsaw did not have adequate machine guarding.

The victim, a forklift operator, was assisting a colleague by operating the bandsaw when a piece of timber jammed. He attempted to clear the timber by pushing it with a second piece of timber, and then his hand but his hand slipped off the timber and went underneath the shield, making contact with the moving sawblade, and partially amputating his thumb.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Napier - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$220,800
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $10,000
Consequential loss - $3,456.10
Costs - $3,222.09