Court Summary - at a glance

Date of offence:
31 March 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $550,000. Following discounts for an early guilty plea, previous good character, cooperation, reparation and remorse (total 50-55%), the final fine was $250,000.

Safety lessons learned:

It was reasonably practicable for the defendant to have: 

  • Ensured that the risks workers were exposed to when loading, unloading and tipping skip bins were identified, assessed and minimised using a hierarchy of controls approach;
  • Provided workers with adequate information, supervision, training and instruction on all aspects of the job, including how to load, unload and tip a skip bin safely; how to rig skip bins and how to safely empty stuck material from a skip bin;
  • Ensured that all plant and equipment used when loading, unloading and tipping skip bins was installed, maintained and used in accordance with best practice. 

Defendant name:
Robin Phillip Horne and Lorraine Joy Ruth Horne trading as Bin Boys Tauranga
 
Industry:
Postal, transport and warehousing
 
Date of offence:
31 March 2021
 
Facts in brief:
The victim was a truck driver for Bin Boys, delivering and collecting skip bins. On 31 March 2021 he was in the process of emptying a skip bin filled with soil when it is likely that some of the soil became stuck in the bin. He appears to have used a spade with no handle and gotten in under the bin to dislodge the stuck material. The bin then fell on him across his head and neck, crushing his skull. He was pinned under the bin. He had not ever received any instructions on what to do to dislodge material stuck in the bottom of the bin.

The victim suffered a serious brain injury. He was in hospital for around 6 weeks, then in a rehab centre for around another 4 weeks. He suffered multiple fractures to his skull and facial bones, had several strokes in hospital and is likely to experience issues with his vision and swallowing for the rest of his life.
 
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(B) Health and Safety at Work Act 2015
 
Date(s) charged:
3 March 2022

Court:
Tauranga - High Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $550,000. Following discounts for an early guilty plea, previous good character, cooperation, reparation and remorse (total 50-55%), the final fine was $250,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $80,000
Consequential loss - $20,000
Costs - $9748.53
 
Related Documents:
PDF
WorkSafe New Zealand v Robin Phillip Horne and Lorraine Joy Ruth Horne (PDF 320 KB)
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