Hao & Lui Union Limited

Court Summary - at a glance

Date of offence:
14 July 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$0

Safety lessons learned:
  1. Ensure helmets and high-visibility clothing are worth at all times in the working area.
  2. Ensure clear communication is maintained between the arborist and ground crew between branches and trunk sections are cut and lowered.
  3. Marking out unsafe areas in which ground crew must keep out of ensuring safety of workers.

Defendant name:
Hao & Lui Union Limited
 
Industry:
Building and construction
 
Date of offence:
14 July 2014
 
Facts in brief:
Defendant company is in the business of lawn mowing, gardening and removal of trees and branches. The company contracted 3 men to do work and on 14th July 2014, were contracted to remove two trees from Avondale Motor Park which were at the risk of falling.

One worker was walking near a tree being taken down into the area where the tree branches and tree trunk sections were landing. He was not wearing his safety helmet. The arborist was cutting off the top section of the tree trunk and did not realise that a worker was under the tree.

The worker suffered a severe brain injury and a depressed skull fracture requiring surgery.
 
Offence section:
S18(1)(a) Health and Safety in Employment Act 1992
 
Date charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$0
 
Maximum fine available:
$250,000
 
Reparation:
$80,000