Worksafe New Zealand v Duane Hurst [2016] NZDC 5099

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.