Court Summary - at a glance

Date of offence:
6 October 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $370,000. Following discounts of 45%, the final fine was set at $166,500

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, including Michael Brown, while the workers were at work in the business or undertaking, namely the use of a Kato Crane during construction work, did fail to comply with that duty, and that failure exposed workers to a risk of serious injury or death.

It was reasonably practicable for CLL Service and Solutions Limited to have:

  • ensured an adequate lift plan was in place and complied with
  • ensured it had adequate systems in place to effectively identify, manage, assess, and control the risks and hazards associated with fatigue.

Defendant name:
CLL Service and Solutions
 
Industry:
Building and construction
 
Date of offence:
6 October 2020
 
Facts in brief:
A Kato Crane that was being operated by an experienced crane operator tipped with him in it near other workers and landed on an oxygen tank and acetylene tank. The worker’s pre-existing back condition worsened as a result of the accident.
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) Health and Safety at Work Act 2015
 
Date(s) charged:
4 October 2021

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $370,000. Following discounts of 45%, the final fine was set at $166,500
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $10,000
Consequential loss - $13,395
Costs - Legal costs of $2350.89. Investigation costs of $8365.
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v CLL Service and Solutions Limited (PDF 232 KB)
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