WorkSafe New Zealand v Broadspectrum (New Zealand) Limited [2016] NZDC 26458

Published 03 March 2017

WorkSafe prosecution — Health and Safety in Employment Act 1992, ss 15 and 50(1)(a) — failure to take practicable steps to ensure no action or inaction of employees harms another person — Department of Labour v Hanham & Philp Contractors Limited & Ors (2008) 6 NZELR 79. The defendants pleaded guilty to charges under the HSEA after a woman was killed by a reversing truck when she followed one of the defendant's employees onto a work site. The Court was required to sentence the defendants by determining reparation and a fine and assessing whether the amounts where proportionate and appropriate in totality ("Hanham"). Reparation payment of $120,000 was set. The defendant Broadspectrum was fined $42,750 on one charge and $7500 on another, while NZ Traffic Hamilton was fined $39,375. Regard was had to the defendant's guilty pleas, remorse and reparation already paid. Judgment Date: 23 December 2016.