Court Summary - at a glance

Date of offence:
Between 25 September 2011 and 24 August 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$84,000 ($52,500 HSEA and $31,500 HSNOA)

Safety lessons learned:
  1. Labelling to identify and classify substances during storage and transportation is an important part of hazardous substance management (HSNOA charges);
  2. A record of the location and movement of tracked substances must be kept for each stage of their life cycle (HSNOA charges);
  3. Ensure effective and documented SOPs are in place for safe handling and processing of hazardous substances during manufacturing process;
  4. Ensure effective and documented quality control procedures during pyrotechnic manufacture; including tracing documentation for hazardous and non-hazardous substances, and inspecting products to avoid possibility of error in the manufacturing process (HSEA).

Defendant name:
Van Tiel Pyrotechnics Limited
 
Industry:
Arts and recreation
 
Date of offence:
Between 25 September 2011 and 24 August 2014
 
Facts in brief:
Three spectators were injured from shrapnel after two fireball mortars exploded during an outdoor pyrotechnic display at a rugby match at Eden Park in Auckland.
 
Offence section:
Section 15 and 50(1)(a) of the Health and Safety in Employment Act 1992;
Section 109(1)(e)(ii) and 114(1) of the Hazardous Substances and New Organisms Act 1996
• and Regulation 7(a) and 10(a) of the Hazardous Substances (Identification) Regulations 2001(representative);
• and Regulation 7(a) and 10(b) of the Hazardous Substances (Identification) Regulations 2001(representative);
• and Regulation 7(a) and 18(a) of the Hazardous Substances (Identification) Regulations 2001(representative);
• and Regulation 7(a) and 18(b) of the Hazardous Substances (Identification) Regulations 2001(representative);
• and Regulation 4(1) and 5(1) of the Hazardous Substances (Tracking) Regulations 2001(representative);
• and Regulation 30(1) of the Hazardous Substances (Classes 1 to 5 Controls) Regulations 2001(representative).
 
Date(s) charged:
20 February 2015

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$84,000 ($52,500 HSEA and $31,500 HSNOA)
 
Maximum fine available:
$250,000 HSEA, $500,000 HSNOA
 
Reparation:
$3,160 and $5,122 (total $8,282)
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Van Tiel Pyrotechnics Limited (PDF 385 KB)
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