Court Summary - at a glance

Date of offence:
7/09/2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$16,000

Safety lessons learned:
  1. Ensure no work was carried out at the site until a licensed asbestos removalist was present.
  2. Ensure no workers were allowed to carry out work involving asbestos at the site including removing, handling, disposing of, or disturbing asbestos or asbestos containing material unless supervised by a licensed asbestos removalist.

Defendant name:
Ecologically Sound Demolition Limited
 
Industry:
Building and construction
 
Date of offence:
7/09/2019
 
Facts in brief:
The Defendant was in the business of demolition of buildings and other structures. The Defendant was engaged to remove soffits at a residential property, and observed asbestos at the property. The Defendant arranged for an asbestos survey to determine the extent of the asbestos. Following the survey, the Defendant arranged for a licenced asbestos removalist (removalist) to supervise the asbestos removal. However, the Defendant removed the asbestos without the removalist present, and failed to notify WorkSafe.
 
Offence section:
Sections 206(2) and 206(3)(b) of the Health and Safety at Work Act 2015, and Regulation 56(2)(a) of the Health and Safety at Work (Asbestos) Regulations 2016
 
Date(s) charged:
27-Aug-20

Court:
Papakura - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$16,000
 
Maximum fine available:
$100,000
 
Reparation:
$2,304.30 in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Ecologically Sound Demolition Limited (PDF 839 KB)
Share on Facebook Share on Twitter Share on LinkedIn
Subscribe