Sentencing — workplace safety — failure to comply with health and safety — Health and Safety at Work Act 2015, ss 3, 36(1)(a), 48(1) & (48 (2)(c) — Sentencing Act 2002, s 7 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Department of Labour v Hamham & Philip Contractors Ltd (2009) 9 NZELC 93,095 — WorkSafe New Zealand Ltd v McRae [2018] NZDC 22096 — WorkSafe New Zealand Ltd v Agricentre South Ltd v WorkSafe [2019] NZDC 3498 — WorkSafe New Zealand v Ritchies Transport Holdings Ltd [2019] NZDC 18495. The defendant company was in the business of collection and processing of recycling. One of the defendant's employees (the victim) was seriously injured in the workplace. A cage that was being transported by a crane fell and landed on the victim. The victim was hit on the head and shoulder, trapping him underneath it. The victim suffered multiple serious injuries, was in hospital for three weeks and required ongoing treatment. Although it was found that the machinery operated without a current certification of inspection and the hook did not have a safety catch, these were not the direct causes of the incident. The cause was that the hook itself disconnected from the crane. An initial $52,000 was given to the victim's family for emotional harm; since the incident, the victim had died of unrelated causes. It was found that the risk of serious harm and hazard were obvious. The defendant had responsibility to know the crane's manual. The Court set a starting point of $400,000. For mitigating factors, the Court gave a five per cent discount for the defendant's cooperation. Another five per cent discount was given as the defendant had no prior WorkSafe convictions. There was also five per cent for remorse and 10 per cent for the sum of $52,000 given to the defendant's family. The defendant was entitled to a 25 per cent discount for a guilty plea, and another five per cent discount was given as it had made steps to ensure the safety of its workers. The total discount was 55 per cent, so the end fine was $180,000. Judgment Date: 4 February 2022