Court Summary - at a glance

Date of offence:
23 October 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $450,000, reduced to $270,000 following discounts for early guilty plea (25%) and cooperation, remorse, previous good character (15%). Each defendant was ordered to pay $135,000 each.

Safety lessons learned:

Being a PCBU, having a duty to ensure, so far as is reasonably practicable, that the health and safety of other persons, including [victim], is not put at risk from work carried out as part of the conduct of the business or undertaking, including the use of a Nissan Caravan, registration HCL820, to tow an A-frame trailer, registration W494G, did fail to comply with that duty, and that failure exposed individuals to a risk of death or serious injury.

It was reasonably practicable for UDR to have:

  1. Developed, implemented, and monitored compliance with an effective safe system of work to ensure that safe connection of trailers to vehicles.

Defendant name:
Ultimate Design & Renovation Limited
 
Industry:
Manufacturing
 
Date of offence:
23 October 2020
 
Facts in brief:
On 23 October 2020, an A-framed trailer became detached from a vehicle and collided head on with an oncoming vehicle. The collision resulted in the driver of the oncoming vehicle, [victim], suffering fatal injuries. The trailer and towing vehicle were owned by UDR. The driver of the vehicle was an employee of UDR. The passenger of the vehicle is an employee of ABC Aluminium Limited.
 
Related prosecutions:
 
Offence section:
UDR and ABC charged separately under sections 36(2), 48(1) and (2)(c) of HSWA.
 
Date(s) charged:
22 October 2021

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $450,000, reduced to $270,000 following discounts for early guilty plea (25%) and cooperation, remorse, previous good character (15%). Each defendant was ordered to pay $135,000 each.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $130,000 total ($65,000 ordered on each defendant).

Consequential loss – N/A

Costs – N/A
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v ABC Aluminium Limited and Ultimate Design Renovation Limited (PDF 339 KB)
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