Court Summary - at a glance

Date of offence:
On or about 5 May 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$0

Safety lessons learned:
  1. Ensure that an effective procedure was developed, implemented and monitored for cleaning the digger;
  2. Ensure that the digger was operated, including cleaned, safely.

Defendant name:
Thirty One Limited (previously known as Senior Civil Limited)
 
Industry:
Building and construction
 
Date of offence:
On or about 5 May 2017
 
Facts in brief:
The defendant carries out earthworks for commercial/residential construction work. The victim worked as a truck driver and assisted with earthworks.

The victim and another worker were cleaning a digger owned by the defendant. The worker tried to operate the digger from outside of the cab when he bumped the wrong controls causing the victim to become trapped between the bucket and blade of the digger. In trying to free him, the worker bumped the controls a second time resulting in the bucket dragging the victim into the air and dropping him to the ground.

The victim sustained serious injuries to both of his legs.
 
Offence section:
Section 48(1) and (2)(c) and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$0
 
Maximum fine available:
$1.5 million
 
Reparation:
$40,000.00 for emotional harm
$9,000.00 for consequential loss
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Senior Civil Limited (aka) Thirty One Limited (PDF 170 KB)
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