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WorkSafe New Zealand v Chunda Ltd [2023] NZDC 4626

Published 19 February 2024

Sentencing — failing to ensure health and safety of workers — exposing workers to risk of death or injury — fall from height — Health and Safety at Work Act 2015, ss 34 & 38 — WorkSafe New Zealand v Cardinal Logistics [2018] NZDC 19696 — WorkSafe New Zealand v Champion Flour Milling [2020] NZDC 10240 — WorkSafe v Ask Metro Fire Ltd [2017] NZDC 13314 — WorkSafe v Supermac Group Resources Ltd [2019] NZDC 15023. Two defendant companies appeared for sentence on charges of failing to ensure the health and safety of their workers, thereby exposing the workers to the risk of death or serious injury. The charges arose from an incident where an employee of the first defendant fell through a void on a construction site. The employee (the victim) suffered a broken spine and lost the use of his legs. An investigation showed that the building site lacked complete hazard board signs, proper edge protection and fall guards. The first defendant explained that it had not implemented full safety procedures because it was not responsible for the site. The Court rejected this explanation. The managers of the first defendant had known that the site project manager (an employee of the second defendant) was away at the time of the accident; however they had failed to do anything to compensate for this absence and had failed to undertake their own risk assessment. Further the victim had not been properly trained on risk avoidance. Meanwhile the second defendant had left site safety up to the first defendant. The Court ordered emotional harm reparations of $90,000, 60 per cent to be paid by the first defendant and 40 per cent by the second. There were also consequential reparations of $7464.20 payable by the first defendant and $10,386.80 by the second. Finally, the first defendant was ordered to pay a fine of $258,918.92, and the second defendant a fine of $175,000. There were also costs against both defendants. Judgment Date: 9 March 2023.