Court Summary - at a glance

Date of offence:
14 November 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$25,000.00

Safety lessons learned:
  1. Provide effective supervision for all workers, by a competent person;
  2. Provide additional training, supervision and/or disciplinary action to workers who were known to be working in an unsafe manner;
  3. Have effective risk management procedures in place;
  4. Have appropriate equipment or systems to measure accurately safe working distances.

Defendant name:
Tree & Forest Limited
 
Industry:
Forestry
 
Date of offence:
14 November 2017
 
Facts in brief:
The defendant was undertaking thinning to waste work in Motueka Valley. Workers were working in two teams felling trees. As a worker was felling a tree, the Victim appeared from downhill where the other team was working and was struck on the head by a 20 metre tree. The Victim was knocked to the ground and fell unconscious. He was taken to Nelson Hospital where he was diagnosed with a concussion and was discharged after examination.
 
Offence section:
Sections 48(1) and 2(c), and 36(1) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Nelson - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$25,000.00
 
Maximum fine available:
$1.5 million
 
Reparation:
$2,000.00 for emotional harm