Court Summary - at a glance
Date of offence:
30 June 2021
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
No fine imposed due to financial incapacity.
Safety lessons learned:
The defendant failed to ensure that:
- An adequate pre-harvest risk assessment was documented properly prior to commencing work at Skid 3, 257 Arapaoanui Road, Tangoio, Hawke's Bay.
- An adequate risk assessment was undertaken in relation to the use of plugs/bridges.
- Effective controls were put in place to minimise the risk of breaker outs being struck by falling logs.
Defendant name:
Logged on Logging 2020 Limited
Industry:
Forestry
Date of offence:
30 June 2021
Facts in brief:
A breaker out was struck by a falling log used as a “bridge” or “plug” used to assist dragging other cut logs up the felling site.
Related prosecutions:
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
Date(s) charged:
15 June 2022
Court:
Napier - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted
Fine imposed:
No fine imposed due to financial incapacity.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $130,000 total.
Apportionment:
Surviving partner and child: $110,000
Mother: $10,000
Father: $10,000
Consequential loss – $202,187
Costs – $3,310.36 legal costs
Apportionment:
Surviving partner and child: $110,000
Mother: $10,000
Father: $10,000
Consequential loss – $202,187
Costs – $3,310.36 legal costs
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