Court Summary - at a glance

Date of offence:
14 April 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts for an early guilty plea (25%), remorse (5%), reparation (5%) and previous good record (5%), the final fine was set at $240,000. However, due to inability to pay, the fine was reduced to nil.

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers who work for the PCBU, including Tipuarangi McDowell, while the workers were at work in the business or undertaking, namely installing, maintaining, repairing and removing artificial shelters on farms, did fail to comply with that duty, and that failure exposed the workers to the risk of serious injury.

It was reasonably practicable for Mapua Avocados Limited to have:

  • Developed and implemented effective training, and supervision of, workers to carry out the installation, maintenance, repair, and removal of artificial shelters.
  • Developed and implemented a safe system of work, including developing and implementing a SOP, for the safe installation, maintenance, repair, and removal of artificial shelters
  • Effectively monitored the safe use of PPE during the installation, maintenance, repair, and removal of artificial shelters.

Defendant name:
Mapua Avocados Limited
 
Industry:
Agriculture
 
Date of offence:
14 April 2021
 
Facts in brief:
On 14 April 2021, Tipuarangi Kohuta McDowell (Mr McDowell), a worker for Mapua Avocados Ltd (the Defendant), suffered a significant eye injury while carrying out maintenance of the top wire of an artificial shelter.

The wire came loose and penetrated Mr McDowell’s left eye leaving him with impaired vision.
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
16 May 2022

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts for an early guilty plea (25%), remorse (5%), reparation (5%) and previous good record (5%), the final fine was set at $240,000. However, due to inability to pay, the fine was reduced to nil.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $60,000
Consequential loss - $2,185
Legal costs - $5332.15
 
Related Documents:
PDF
WorkSafe New Zealand v Mapua Avocados Limited (PDF 782 KB)
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