Court Summary - at a glance

Date of offence:
4/05/2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$271,000

Safety lessons learned:

It was reasonably practicable for the Defendant to have:

  1. Conducted an effective hazard identification and risk assessment, and implemented appropriate controls;
  2. Complied with their own Health and Safety Plan which details that 3 tonne rollers and large plate compactors would be used for compaction work;
  3. Prior to operating machinery on a public road, ensured workers had the appropriate endorsements to operate that machinery;
  4. Ensured workers were appropriately trained and competent to operate machinery they were instructed to operate;
  5. Completed a risk assessment when the 2008 HAMM HD75 Roller was brought to site and ensured that information on its safe use was communicated to all staff working on site.

Defendant name:
Wilson Contractors (2003) Limited
 
Industry:
Building and construction
 
Date of offence:
4/05/2018
 
Facts in brief:
The Defendant, a contracting company, was completing a project installing safety barriers along State Highway 6 between Frankton and Kingston in 2018. On 4 May 2018, the victim was operating a 2008 HAM HD75, a 7.5 tonne roller to compact an 1800mm road shoulder area. The shoulder contained an area of vegetation and a bank with a steep drop-off leading down towards Lake Wakatipu. The roller slid down the steep bank and rolled a number of times, coming to a brief stop approximately 20 metres down the bank where the victim managed to escape. The roller continued to roll a further 10 metres before coming to rest on a large bolder. The victim suffered a broken right arm, fractures to his elbow, extensive burning and crushing injuries and the amputation of the tips of three fingers.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
15/04/2019

Court:
Queenstown - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$271,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$50,000 in emotional harm
$18,092.14 in consequential loss
$10,407.00 in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Wilson Contractors (2003) Limited (PDF 270 KB)
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