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Court Summary - at a glance
Date of offence:
28 July 2016
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$378,000
Safety lessons learned:
Develop and implement a safe system of work for the creation of the bunds above vertical slopes.
Defendant name:
Oceana Gold (New Zealand) Limited
Industry:
Extractives
Date of offence:
28 July 2016
Facts in brief:
A worker was operating a bogger machine at an underground mine to build a rock bund across the top level of an open stope. His machine was found at the bottom of the stope, having fallen about 15 metres and leaving him with unsurvivable injuries.
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
Date(s) charged:
Court:
Waihi - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
$378,000
Maximum fine available:
$1.5 million
Reparation:
$0 - emotional harm ($200,000 already voluntarily paid by the Defendant)
$350,000 - consequential loss (This amount was set aside on appeal. The Defendant’s insurance policy paid $450,000 to the victim’s family)
$3,672 - costs
$350,000 - consequential loss (This amount was set aside on appeal. The Defendant’s insurance policy paid $450,000 to the victim’s family)
$3,672 - costs
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