Court Summary - at a glance

Date of offence:
18-Sep-18
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$ 200,000 to be paid over 4 years

Safety lessons learned:

The company should have:

  1. Ensured that the mobile scaffolding unit that was fit (high enough) for its purpose was obtained, in particular by having regard to the height and age of the worker (Mr Lovell) who was assigned to use it
  2. Had in place a regular, formal monitoring programme for the scaffold while it was in use, including having a competent person check that it had been assembled correctly each time prior to it being used and while it was in use.

Defendant name:
W. Gartshore Limited
 
Industry:
Building and construction
 
Date of offence:
18-Sep-18
 
Facts in brief:
A 67 Year old carpenter fell from 2.5 meters from an improperly constructed mobile scaffold, suffering serious and permanent injuries. The defendant had failed to provide scaffolding that was fit for purpose (it was too short) and it had been constructed incorrectly and not checked or monitored by a competent person before or during use.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
13-Sep-20

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$ 200,000 to be paid over 4 years
 
Maximum fine available:
$1.5 million
 
Reparation:
$60,000 (although already paid so not part of final order) in emotional harm
$15,160.58 in consequential loss
$15,900 (includes experts fees in total of $6400) in costs
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v W. Gartshore Limited (PDF 921 KB)
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