Court Summary - at a glance

Date of offence:
25 May 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$100,000

Safety lessons learned:

It was reasonably practicable for QRZ Properties Limited to ensure machinery and equipment, including the angle grinder, was safe for use and used safely, by reference to the manufacturer’s instructions and relevant safety standards.

Defendant name:
QRZ Properties Limited
 
Industry:
Building and construction
 
Date of offence:
25 May 2020
 
Facts in brief:
Mr Yingnian Xu (Mr Xu), was completing flooring work for the defendant. He was using a Ozito Branded electric angle grinder on which he had attached a 100mm circular saw blade to undercut a doorframe. Mr Xu lost control of the grinder due to “kickback”. It flew from his grasp and embedded itself in the arm of Ms Jaun Zhang (Ms Zhang) and continued to rotate in her arm until it was turned off causing significant harm.
 
Offence section:
Sections 38 and 48(1) and 48(2)(c)
 
Date(s) charged:
20 May 2021

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$100,000
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - not ordered as company had already paid the victim $50,000
Costs - $1,818.23 ordered to be paid
 
Related Documents:
PDF
WorkSafe New Zealand v QRZ Properties Limited (PDF 1.1 MB)
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