Court Summary - at a glance

Date of offence:
On or about 27 July 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
None - a fine of $273,288 was considered appropriate but no fine was imposed due to financial incapacity.

Safety lessons learned:

It was reasonably practicable for the Defendant to have:

  1. An effective lock out tag out system for cleaning and maintenance;
  2. A safe operating procedure covering all aspects of the machine’s operation;
  3. To ensure that the machine could only be operated by the operator using both hands to depress the levers;
  4. Provide effect training and supervision.

Defendant name:
4 Hippos Farm Limited
 
Industry:
Agriculture
 
Date of offence:
On or about 27 July 2017
 
Facts in brief:
4 Hippos Farm Limited operates a dairy farm in Wyndham, Southland. Since 2016, it also operated a firewood business.

The victim worked for 4 Hippos Farm Limited for approximately two weeks prior to the incident. He was operating a wood splitter when he saw some bark stuck near the blade. When he reached for the bark, he inadvertently activated the machine causing the blade to descend and crush his hand.
 
Related prosecutions:
 
Offence section:
Section 38(1), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
9 May 2018

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
None - a fine of $273,288 was considered appropriate but no fine was imposed due to financial incapacity.
 
Maximum fine available:
$1.5 million
 
Reparation:
$25,000 for emotional harm
$16,110 for consequential loss
Share on Facebook Share on Twitter Share on LinkedIn
Subscribe