Scotty Doors Limited (now trading as SDL Ltd)

Building and construction

13 March 2009

Scotty Doors is a manufacturer and supplier of specialist roller shutters, grilles, and folding closures. In 2008, the West City Christian Centre Trust (the Trust) engaged Skyward Construction Limited (Skyward), a construction business, to build an extension to its main auditorium.

On 19 February 2009 Skyward completed a purchase order for the supply of a further motorised roller grille door to be installed by Scotty Doors in the hospitality lounge of the extension.

On 13 March 2009 the motorised roller grille door for the hospitality lounge was installed by an unknown person from Scotty Doors. Scotty Doors failed to ensure that the appropriate type of fastener was used to secure the roller grille door. Further consideration should have been given to the type and length of screw being used, given the presence of the external plywood. The length of the coach screws at the non-motor end of the roller door failed to comply with the Building Code, due to the plywood

By December 2021 the roller door had begun to “slump” at the non-drive end as the fixing came away from the wall.

On 30 January 2022 the Trust held a service in its main auditorium. The victim (a worker of the Trust) tried to close the roller door using the hand chain, as the motor was not working. As she pulled down, the roller door fell and struck her. She died of her injuries.

Sections 18A(3) and 50(1)(a) of the Health and Safety in Employment Act 1992 (HSEA)

28 July 2022

Waitakere - District Court

Guilty

Convicted and fined

Starting point fine for Scotty Doors was at $75,000. Final fine imposed at $41,250.

$250,000

Emotional harm – $145,000 ($130,000 to Mr Verry and $15,000 to 3 siblings who filed victim impact statements)
Consequential loss – $17,000 (funeral costs) awarded. ACC shortfall was not available. The Sentencing Act amendment allowing ACC shortfall as consequential loss was post the offending date.
Costs – Nil – No provision for costs under HSEA.