Court Summary - at a glance

Date of offence:
5 March 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$100,000

Safety lessons learned:
  1. Undertake a risk assessment to identify the risks to the public posed by the damaged footpath.
  2. Adequately manage/control the risks posed by the damaged footpath by blocking off the damaged footpath, using cones and establishing an adequate alternative pedestrian access way pending remediation.
  3. Develop, implement and communicate a site access plan.

Defendant name:
YSB Group Limited
 
Industry:
Building and construction
 
Date of offence:
5 March 2017
 
Facts in brief:
The Defendant purchased a property and was managing the residential development of three houses on the site. During development, a section of concrete footpath was temporarily reinstated with permanent reinstatement to be completed once the project was completed.

On 2 March 2017 a concrete slab pour was arranged. A section of temporary fencing was removed and concrete pump trucks drove through the gap in the fence, entering and exiting the site over the temporary footpath.

The temporary footpath was not risk assessed or checked for damage before or after it was used by the concrete pump trucks.

On 6 March 2017 the victim was driving his mobility scooter when he approached the damaged section of footpath. His scooter tipped and he fell. The victim died at the scene as a result of head trauma.
 
Offence section:
Sections 48(1) and 2(c), and 36(2) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$100,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$100,000