Court Summary - at a glance

Date of offence:
31 January 2022
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point at $550,000 – following discounts of 45%, final fine set at $302,500.

Safety lessons learned:

It was reasonably practicable for the defendant to have developed, implemented, maintained, and instructed workers, namely Josh Masters, on an effective safe system of work for working under the raised boom of the Wheel Loader by ensuring, before work was done, that the crowd ram linkage connecting pin was removed or the boom was otherwise effectively supported.

Defendant name:
Button Logging Limited
 
Industry:
Forestry
 
Date of offence:
31 January 2022
 
Facts in brief:
The defendant was contracted to harvest wind thrown trees in the Balmoral Forest. Josh Masters, an employee of the defendant, was asked to repair the hydraulics of a wheel loader (the Loader) on site. To make the repair, the boom needed to be raised so that he could access a hatch underneath. The agreed method was for an excavator to be used to lift the boom using lifting chains, and for the boom to be balanced on its forks, with the forks at 90 degrees to the ground.

The boom was raised and Mr Masters commenced the repair. Mr Masters was fatally injured when the boom of the Loader collapsed and crushed him.
 
Offence section:
ss 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
26 January 2023

Court:
Christchurch - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point at $550,000 – following discounts of 45%, final fine set at $302,500.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $180,000, apportioned as follows:
- $50,000 to mother
- $50,000 to father
- $50,000 to sister
- $30,000 to partner

Consequential loss – ACC top up:
- $75,000 to partner
Other consequential loss:
- $13,000 to mother
- $5,000 to father
- $5,000 to sister

Costs – legal costs of $1,189.23
 
Related Documents:
PDF
Sentencing notes – WorkSafe New Zealand v Button Logging Limited (PDF 234 KB)
Share on Facebook Share on Twitter Share on LinkedIn
Subscribe

Links