Court Summary - at a glance

Date of offence:
24 February 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $400,000 reduced to $212,000 for both TSSL and Herberts

Safety lessons learned:

Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of a worker who worked for the PCBU, namely [the deceased] while he was at work in the business or undertaking, namely driving a truck and loading and unloading palm kernel expeller at ADM New Zealand Limited's transitional facility, and that failure exposed [the deceased] to a risk of serious injury arising from working in close proximity to other trucks and mobile plant.

Defendant name:
Transport Services Southland Limited (TSSL)
 
Industry:
Postal, transport and warehousing
 
Date of offence:
24 February 2017
 
Facts in brief:
McLellan had a contract to load and unload palm kernel expeller at a shed in South Port, Bluff. McLellan contracted TSSL and Herberts to provide trucks and drivers for this purpose.

The victim was an employee of TSSL, he was fatally injured when struck by a loader while working at the shed.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
20 February 2018

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $400,000 reduced to $212,000 for both TSSL and Herberts
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $130,000 ($32,500 each is to be paid by Herberts and TSSL within 28 days of sentencing; the balance is to be met by Herberts and TSSL if it has not been paid following the outcome of McLellan’s trial and/or sentencing).

Consequential loss - $120,128 ($69,259 of which is considered paid by Herberts and TSSL; the balance is to be met by Herberts and TSSL if it has not been paid following the outcome of McLellan’s trial)

Costs - $1,750
 
Related Documents:

Sentencing notes (reasons): WorkSafe New Zealand v Transport Services Southland Limited and Herberts Transport Limited

 

PDF
Sentencing notes: WorkSafe New Zealand v Transport Services Southland Limited and Herberts Transport Limited (PDF 290 KB)
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