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Court Summary - at a glance

Date of offence:
31 January 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$506,048

Safety lessons learned:
  • Develop and implement a safe system for undertaking container repairs.
  • Implement process to ensure that ladders are well maintained and used correctly.
  • Provide edge protection and fall prevention systems to control the risk of a fall from height.

Defendant name:
CentrePort Limited
 
Industry:
Ports
 
Date of offence:
31 January 2017
 
Facts in brief:
The victim worked for the defendant repairing containers. He was tasked with repairing and modifying a container for use as a pedestrian walkway. The victim was using a ladder, which he placed at the end of the container, and climbed up the ladder and onto the container roof. There was no edge or fall protection in place. The ladder fell and the victim was found on the ground on his back. The victim suffered injuries to the back of his head, and later died as a result of these injuries.

It was reasonably practicable for CentrePort to have:
a. Developed and implemented a safe system for undertaking repairs to the roofs of containers;
b. Implemented processes to ensure that ladders were well maintained and used correctly;
c. Provided edge protection and fall prevention systems to control the risk of a fall from height.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Wellington - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$506,048
 
Maximum fine available:
$1.5 million
 
Reparation:
For emotional harm:
$65,000 ordered in addition to the $105,026.85 already paid**
(Widow; order of $17,500, Children; order of $47,500)
**Sums already paid to widow = $52,500
**Sums already paid to children = $52,526

For consequential loss:
$85,952.23 for widow ordered
**Sums already paid to widow = $19,500