Court Summary - at a glance
Date of offence:
19 November 2013 and 20 December 2013
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$5,000.00 for each Electrical (Safety) Regulations offence
$30,000.00 for S163C Electricity Act offence
$30,000.00 for S163C Electricity Act offence
Safety lessons learned:
Ensure such appliances are tested and proven safe prior to sale.
Defendant name:
Dtown Limited
Industry:
Retail
Date of offence:
19 November 2013 and 20 December 2013
Facts in brief:
Note: this case should be read with Zolo Limited, in the respect that their directors are shareholders and are related. Unlawful universal adaptors were sold by one store belonging to DTown Limited and one store belongs to Zolo Limited.
DTown Limited (DTown), has a trading entity, ‘Britomart Magazine’ which sells convenience items and newspapers. DTown has previously failed to comply with the Regulations and was issued a warning in 2010 for similar offending, in 2011 a similar product was offered for sale and filed $3,000 for that infringement. Accordingly, the sole director, Arsheed Al Omoush, was aware that the sale of these universal adaptors requires compliance with NZ law and safety standards.
On the first date of offence, a Compliance Officer for Energy Safety, purchased an universal travel plug adaptor, which upon inspection was found to be in breach of the Regulations and unsafe for use. On the second date of offence, the Manager for Energy Safety visited the same store and purchased another of the universal adapters still being offered for sale.
DTown Limited (DTown), has a trading entity, ‘Britomart Magazine’ which sells convenience items and newspapers. DTown has previously failed to comply with the Regulations and was issued a warning in 2010 for similar offending, in 2011 a similar product was offered for sale and filed $3,000 for that infringement. Accordingly, the sole director, Arsheed Al Omoush, was aware that the sale of these universal adaptors requires compliance with NZ law and safety standards.
On the first date of offence, a Compliance Officer for Energy Safety, purchased an universal travel plug adaptor, which upon inspection was found to be in breach of the Regulations and unsafe for use. On the second date of offence, the Manager for Energy Safety visited the same store and purchased another of the universal adapters still being offered for sale.
Related prosecutions:
Offence section:
Regulations 80 and 84 Electricity (Safety) Regulations 2010
S163C Electricity Act 1992
S163C Electricity Act 1992
Date(s) charged:
25 February 2014
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$5,000.00 for each Electrical (Safety) Regulations offence
$30,000.00 for S163C Electricity Act offence
$30,000.00 for S163C Electricity Act offence
Maximum fine available:
$50,000 for each Electrical (Safety) Regulations offence
Imprisonment of up to 2 years and $500,000 for Electricity Act offence
Imprisonment of up to 2 years and $500,000 for Electricity Act offence
Reparation:
$0
Related Documents:
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