Court Summary - at a glance

Date of offence:
24 January 2022
 
Plea:
Guilty
 
Decision:
Convicted and sentenced
 
Final decision date:
 
Fine imposed:
Thompson starting point $450,000. Following discounts of 45% the final fine was set at $247,500.

Safety lessons learned:

It was reasonably practicable for Thompson Engineering (2002) Limited to have:

  1. Ensured the machine was adequately guarded to the standard described in AS/NZS 4024, or equivalent or higher.
  2. Developed, implemented, monitored, and reviewed an effective safe system of work to ensure the machine’s safe operating procedures were updated to reflect any modifications to the machine.

Defendant name:
Thompson Engineering (2002) Limited
 
Industry:
Manufacturing
 
Date of offence:
24 January 2022
 
Facts in brief:
A worker was using an unguarded punch and shear machine with a jig attachments to make cleats. The regular machine used for this purpose was out of order. The victim worker was able to have his hand in the pressing area while operational, this occurred. Two fingers were amputated and another degloved.
 
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:
14 December 2022

Court:
Timaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and sentenced
 
Fine imposed:
Thompson starting point $450,000. Following discounts of 45% the final fine was set at $247,500.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $35,000 ($30,000 already paid before hearing)
Consequential loss – none (ACC top up paid before hearing).
Costs – $2,200.66
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Thompson Engineering (2002) Limited (PDF 167 KB)
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