The WorkSafe website will be unavailable on Tuesday 16 September from 12pm–5pm due to planned maintenance.
Our other online services, including the online services portal(external link) and Energy Safety portal(external link), will remain available.
To notify us of an injury, illness or incident at work, visit our online services portal(external link). For urgent notifications, please call us on 0800 030 040. For general or non-urgent enquiries, email us at info@worksafe.govt.nz.
Court Summary - at a glance
Date of offence:
Between 4 April 2016 and 9 November 2016
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$119,000
Safety lessons learned:
- Develop and implement an adequate health and safety management plan for the property.
- Adequately manage the risks the tree in the rear play area (the tree) posed to the health and safety of those at the property.
- Adequately consult and co-ordinate with Discoveries Educare Limited regarding the identification and management of risks to health and safety at the property (including the tree).
Defendant name:
Heng Tong Investment Limited
Industry:
Education and training
Date of offence:
Between 4 April 2016 and 9 November 2016
Facts in brief:
Heng Tong Investment Limited owned a property on which Discoveries Educare Limited obtained resource consent to establish a childcare facility. An outdoor play area was built near a large eucalyptus tree, which died before the childcare centre opened. Following a gust of wind, a large cracking noise was heard. The tree collapsed onto and around the children and adults below. Four children were hit by the tree and injured.
Offence section:
Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$119,000
Maximum fine available:
$1.5 million
Reparation:
$30,800 for four victims
$2,019 - costs
$2,019 - costs
Last updated