Court Summary - at a glance
Date of offence:
6 December 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $450,000, however no fine was imposed due to financial incapacity.
Safety lessons learned:
The defendant failed to:
- Ensure a competent person conducted an effective hazard and risk assessment of the dough extruder machine, including the transmission chain, to determine its compliance with the standard described in AS/NZS 4024 or better;
- Ensure the dough extruder machine was adequately safeguarded to the standard described in AS/NZS 4024 or better;
- Ensure its workers had adequate training, supervision, and experience necessary to safely use the dough extruder machine.
Defendant name:
Mommas Foods Group Limited
Industry:
Manufacturing
Date of offence:
6 December 2021
Facts in brief:
The victim sustained serious injuries to his right hand (near amputation of his right thumb, index, and middle fingers. His ring finger was unable to be saved and was amputated at the base near the hand, the little finger was shortened to the level just below his fingernail) while operating an inadequately guarded dough extruder machine.
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
2 December 2022
Court:
Manukau - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $450,000, however no fine was imposed due to financial incapacity.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $35,000
Consequential loss – $11,284
Costs – $7,802.12
Consequential loss – $11,284
Costs – $7,802.12
Related Documents:
Last updated