WorkSafe New Zealand Limited v Cathedral Cove Dive Limited [2016] NZDC 14661

Published 07 December 2016

Failing to take all practicable steps — scuba diving — Health and Safety in Employment Act 1992, ss 15, 18, 50 and 56 — Health and Safety in Employment Regulations 1995, reg. 49 — Department of Labour v Hanham and Philp Contractors Limited HC Christchurch CRI-2008-409-00002. The defendants, being the company and its director, had pleaded guilty and were sentenced on charges under the HSEA. The offending resulted in the death of a novice diver, and involved failures including lack of sufficient supervision, incorrect allocation of equipment and failure to provide the safety briefing in a language understood by the deceased. The sentencing approach of "Hanham" was applied, although as the financial position of the defendants was prohibitive of a fine being imposed, reparation took priority and was set at $70,000 with both defendants jointly and severally liable. A $1,000 contribution to prosecution costs was also ordered. Judgment Date: 9 August 2016.