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Court Summary - at a glance

Date of offence:
10 June 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$270,937

Safety lessons learned:
  • Ensure that any maintenance issues with the plant were reported promptly and an engineer engaged to carry out the necessary repairs without delay.
  • Provide a safe system of work for maintenance of plant including routine maintenance checklists, identification of the risks from plant failure and the provision of effective training and information to all workers on how, in the event of the front wheel of the top rail roller mechanism leaving the rail, to return it to the rail safely and when engineering assistance may be required.

Defendant name:
Otago Rural Management Limited
 
Industry:
Agriculture
 
Date of offence:
10 June 2017
 
Facts in brief:
The Victim was working for the Defendant at one of the farms it manages. The Victim assisted the Unit Manager who was attempting to lift a top gate roller that had derailed. The men dropped the gate and it hit the Victim, he suffered a concussion and spinal injury as a result.
 
Offence section:
Sections 36(1)(a), 48(1) and 2(c), of the Health and Safety at Work Act 2015
 
Date(s) charged:
28 November 2018

Court:
Alexandra - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$270,937
 
Maximum fine available:
$1.5 million
 
Reparation:
$30,000 for emotional harm
$16,072.82 for consequential loss (ACC shortfall)