Court Summary - at a glance

Date of offence:
6 March 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$39,375

Safety lessons learned:
  1. Ensure adequate safety barriers are installed on a landing where there is a risk of a fall from height;
  2. Ensure an emergency exit that is not intended to be otherwise used is clearly labelled as an emergency exit only;
  3. Install an alarm system to alert staff when an emergency exit door is opened; and
  4. Ensure patrons use an appropriate designated smoking area.

Defendant name:
Waipa Workingmen's Club Incorporated
 
Industry:
Hospitality
 
Date of offence:
6 March 2015
 
Facts in brief:
The Defendant is an incorporated society operating a bar, club and dining facility.

The incident occurred when the victim, a patron at the club, had gone outside for a cigarette using an emergency exit. The victim was standing on an unguarded external stairwell landing. When the victim stepped back to allow a friend to re-enter the building, the victim fell three metres onto a concrete patio area below.

The victim suffered serious injuries to the spine, shoulder and neck and also suffered a mild traumatic brain injury.
 
Offence section:
Sections 16(2)(b)(ii) and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Te Awamutu - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$39,375
 
Maximum fine available:
$250,000
 
Reparation:
$45,000
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