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Court Summary - at a glance

Date of offence:
Between 1 August 2019 and 1 November 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$250,000

Safety lessons learned:
  • Ensure that fumigation controls were effective, and fumigation areas properly ventilated.
  • Monitoring the ongoing health of workers, and responding appropriately to changes in health status.
  • Providing appropriate PPE, fitted on correctly, and used by workers.

Defendant name:
Flick Anticimex Limited
 
Industry:
Administration and support services
 
Date of offence:
Between 1 August 2019 and 1 November 2020
 
Facts in brief:
The victims were employees of the defendant.

Between 1 August 2019 and 1 November 2020, six of Flick’s fumigation workers suffered from exposure to methyl bromide.

One was hospitalised, and the other five were tested to have methyl bromide poisoning and reported symptoms consistent with methyl bromide exposure including memory loss, tingling in the fingers, light footed, impact on sight and balance, mood changes and stinging in the eyes.
 
Offence section:
Sections 36(1)(a) and 48 Health and Safety at Work Act 2015
 
Date(s) charged:
24 December 2020

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$250,000
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $61,000
Costs:
- $150 travel costs for one of the victims
- $7,314.50 legal costs in favour of prosecution
- $4,830 investigation costs in favour of the prosecution