Sentencing — failing to ensure health and safety of workers — machine guarding — machine guarding assessment — Health and Safety at Work Act 2015, ss 48 & 151(2) — Stumpmaster v Worksafe New Zealand [2018] NZHC 2020 — Department of Labour v Hanham and Philp Contractors Ltd (2008) 6 NZELR 79. The defendant forest management company appeared for sentencing on a charge of failing to ensure the health and safety of its workers. Specifically, it had failed to ensure a proper safety assessment of a debarking machine, and had failed to ensure that the guarding on the debarking machine met safety requirements. The victim of the incident got his wrist caught in the machine and suffered a compound graze fracture and a dislocation. An investigation showed that the machine lacked proper guarding. The Court ordered the defendant to pay the victim emotional harm reparation of $10,000. The Court set the start point for fine at $400,000, following an earlier judgment that had sentenced a company that the defendant had engaged to operate the debarking machine and that had been the employer of the victim. In mitigation the defendant had pleaded guilty, was to pay reparation, cooperated with the investigation, was remorseful, took remedial steps following the accident, and had a good prior safety record. The final amount of fine was $180,000. The Court also ordered costs of $3830.30 against the defendant and made a final order suppressing the victim's name. Judgment Date: 19 May 2023