Work Safe New Zealand v Mainland Minerals (N.I.) Ltd [2016] NZDC 9727

Published 17 August 2016

Sentencing — prosecution by Work Safe — Hanham & Philp (High Court, Christchurch, 18 December 2008, CRI-2008-409-2, CRI-2008-409-34, CRI-2008-408-9). Accepted by the informant that the defendant company was not in the financial position to pay a fine. Judge was not prepared to assess what a fine would have been had the company been in a position to pay as requested by the prosecutor. Such a hypothetical exercise was not appropriate; little precedential value would be gained from a one-off District Court decision as to penalty, especially when hypothetical.