Court Summary - at a glance

Date of offence:
23 June 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $400,000. Fine end point of $180,000 following discounts: 25% guilty plea, 5% co-operation, 5% remorse, 5% reparation, 10% remedial steps taken, 5% good safety record. Total 55%.

Safety lessons learned:

Being a PCBU having a duty to ensure, so far as reasonably practicable, the health and safety of workers whose activities in carrying out work are influenced or directed by the PCBU, including the victim, while the workers were carrying out work in the business or undertaking, namely operating the A5 debarker, did fail to comply with that duty, and that failure exposed the workers to risk of serious injury or death. 

It was reasonably practicable for the defendant to have:

  • Ensured a machine guarding assessment of the A5 debarker was completed by a competent person prior to its operation in New Zealand
  • Ensured the machine guarding on the A5 debarker met the requirements of AS/NZ 4024 prior to operating the A5 debarker in New Zealand. 

Defendant name:
CFGC Forest Managers (NZ) Limited
 
Industry:
Manufacturing
 
Date of offence:
23 June 2021
 
Facts in brief:
The victim sustained serious injuries after he reached into the gap between the upper and lower rollers which crossed the light beam that activates the rollers of the A5 debarker machine. The rollers closed and trapped the victim’s wrist. He sustained a compound fracture and dislocated wrist.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(b) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
 
Date(s) charged:
15 June 2022

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $400,000. Fine end point of $180,000 following discounts: 25% guilty plea, 5% co-operation, 5% remorse, 5% reparation, 10% remedial steps taken, 5% good safety record. Total 55%.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $10,000 ($10,000 also paid by Newey Construction Limited)
Consequential loss - N/A
Costs - Legal costs: $1,6602.26. Operational costs: $2,228.12
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v CFGC Forest Managers (NZ) Limited (PDF 170 KB)
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