Court Summary - at a glance

Date of offence:
20 January 2015
 
Plea:
Guilty
 
Decision:
• Sections 18(1)(a)/56 and 16(1)(a)/56: Convicted and Discharged;
• Regulation 5(2): Withdrawn.
 
Final decision date:
 
Fine imposed:
Not applicable.

Safety lessons learned:
  1. Ensure that the hazard of asbestos is identified and put in place controls to manage it;
  2. Ensure the removal of all asbestos in accordance with the Health and Safety in Employment (Asbestos) Regulations prior any demolition work being undertaken;
  3. Ensure that contractors and neighbours are informed of possible asbestos on a site;
  4. Ensure that no work commences on a site until possible asbestos has been identified and removed; and
  5. Ensure that demolition is contracted to a suitably qualified demolition company.

Defendant name:
Philip John Delaney
 
Industry:
Building and construction
 
Date of offence:
20 January 2015
 
Facts in brief:
The Defendant is the sole director and shareholder of the company Hutt Construction (2013) Limited. The company was engaged to carry out a demolition project of a building which had asbestos-containing material and was situated adjacent to a preschool and a number of other properties.

Fibre cement board containing asbestos was crushed, causing friable asbestos dust to blow around the site and onto neighbouring properties.

Workers and other people on neighbouring properties were exposed to the hazard of possible exposure to friable asbestos.
 
Related prosecutions:
 
Offence section:
• Sections 18(1)(a), 56 and 50(1)(a) of the Health and Safety in Employment Act 1992;
• Sections 16(1)(a), 56 and 50(1)(a) of the Health and Safety in Employment Act 1992;
• Regulation 5(2) of the Health and Safety in Employment (Asbestos) Regulations 1998 and s 50(1)(c) of the Health and Safety in Employment Act 1992.
 
Date(s) charged:

Court:
Hutt Valley - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
• Sections 18(1)(a)/56 and 16(1)(a)/56: Convicted and Discharged;
• Regulation 5(2): Withdrawn.
 
Fine imposed:
Not applicable.
 
Maximum fine available:
$250,000
 
Reparation:
Not applicable.
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