WorkSafe New Zealand v Corboy Forestry Management Limited [2017] NZDC 26767

Published 06 April 2017

Prosecution by WorkSafe — sentencing — employer failed to take all practicable steps to ensure the safety of its employee — Health and Safety Employment Act 1992, s 6 — Department of Labour v Hanham Philp Contractors Ltd (2008) 6 NZELR 79. The defendant was pled guilty of failing to take all practicable steps to protect an employee under the HSEA. The defendant failed to take all practicable steps in that it failed to mark out a safe area and ensure it was used during the process of "breaking out" (one of the most dangerous activities in forestry) and failed to provide its employees with effective communication means. Reparation of $41,000 was to be paid to the victim. No fine was ordered as the company was now in liquidation, but the Judge suggested a fine of $36,000 would have been imposed had money been available. Judgment Date: 7 December 2016.