Court Summary - at a glance

Date of offence:
2015-09-25
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$32,000

Safety lessons learned:
  • Ensure the emergency exit is blocked prior to work commencing. If this is not suitable, a temporary stairway should be installed; and
  • To instruct other PCBUs that there is a requirement to report and sign in at reception every time they attend the site.

Defendant name:
Les Mills Auckland Limited
 
Industry:
Arts and recreation
 
Date of offence:
2015-09-25
 
Facts in brief:
The Defendant company operates the Les Mills gym in Victoria Street, Auckland.

At the time of the incident, two emergency exit stairways at the gym were being replaced by West Auckland Steel Limited.

The victim, a fitness instructor engaged as a contractor by the defendant, fell approximately 2.7m whilst opening a fire escape exit.

The victim sustained a fractured hip and ruptured spleen as a result of this fall.
 
Related prosecutions:
 
Offence section:
Sections 18(1)(b) and 50(1)(a) of the Health and Safety in Employment Act 1992.
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$32,000
 
Maximum fine available:
$250,000
 
Reparation:
$48,000 (apportioned equally between Les Mills and West Auckland Steel)
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