Court Summary - at a glance
Date of offence:
15 June 2017
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$100,000
Safety lessons learned:
- Conduct an effective risk assessment that adequately assessed the hazards workers were exposed to working on the ground in the same area as moving plant;
- Determine and implement appropriate physical barriers to separate workers and moving plant;
- Develop, document and implement an effective safe system of work;
- Effectively monitor and review the adequacy of control measures in place
Defendant name:
Newco Logistics Limited
Industry:
Postal, transport and warehousing
Date of offence:
15 June 2017
Facts in brief:
The defendant operates a depot at Neilson Street, Auckland where its operation involves the handling, storage, survey and quality checking and repairs of containers stored on the site. On the day of the incident, the victim was struck by a 40.5 tonne container lifting machine (spreader) while working at the depot. The victim was fatally crushed.
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
13 June 2018
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$100,000
Maximum fine available:
$1.5 million
Reparation:
$25,000 for emotional harm
$96,703.66 for consequential loss
$3,000 costs
$96,703.66 for consequential loss
$3,000 costs
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