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Court Summary - at a glance
Date of offence:
27 August 2022
Plea:
Guilty
Decision:
Convicted and sentenced
Final decision date:
Fine imposed:
Starting point of $700,00. Following 50% discounts the final fine was set at $350,000.
Safety lessons learned:
The defendant failed to have:
- Ensured a competent person conducted an adequate risk assessment of the traffic management at the Onehunga site.
- Developed, documented, and implemented an adequate traffic management plan at the Onehunga site and communicated and trained workers in the traffic management plan.
- Ensured physical separation of pedestrians and moving plant in the customer collection area of the Onehunga site.
- Monitored, ensured compliance with, and reviewed the ongoing effectiveness of the traffic management plan.
- Ensured the forklift (TDX 16AC, serial number SA1810146) was safe to operate.
Defendant name:
Trade Depot Limited
Industry:
Retail
Date of offence:
27 August 2022
Facts in brief:
The primary victim was waiting in the customer collection area at the defendant’s warehouse for a dishwasher and dryer to be loaded onto a vehicle. The defendant’s employee drove a forklift carrying the items – unloaded the items behind the vehicle – and while reversing to return to the warehouse, struck the victim.
The victim suffered a below knee amputation of her left leg, left thigh degloving, lacerations and a fractured right thumb.
The victim suffered a below knee amputation of her left leg, left thigh degloving, lacerations and a fractured right thumb.
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:
31 July 2023
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and sentenced
Fine imposed:
Starting point of $700,00. Following 50% discounts the final fine was set at $350,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $80,000
Consequential loss – $61,502.12 (reduced from $110,958.12 in consideration of $50,000 paid to the victims before sentencing).
Costs – $955.06
Consequential loss – $61,502.12 (reduced from $110,958.12 in consideration of $50,000 paid to the victims before sentencing).
Costs – $955.06
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