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
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