Published 01 September 2016
Sentencing — forestry workplace accident — emotional harm — Health and Safety in Employment Act 1992, ss 19B and 51A — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93,095; (2008) 6 NZELR 79 (HC) — R v Taueki [2005] 3 NZLR 372 (CA) — Sentencing Act 2002, ss 7 and 8. The defendant was fined $3000 and ordered to pay a further $3000 to reparation for emotional harm after having pleaded guilty to a charge under 19B and 51A of the Health and Safety in Employment Act.The defendant accepted that there had been a failure to take all practicable steps where the risks where obvious and where there were two obvious additional steps that should have been taken. Culpability was assessed as moderate. Discounts were given for early guilty plea, remorse and cooperation. The defendant’s personal financial circumstances were also considered in determining an appropriate fine.
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›