WorkSafe New Zealand v ITW New Zealand  NZDC 27830
Published 26 February 2020
Sentencing — finger amputation — failing to ensure health and safety of workers — machine
press — name suppression — Health and Safety at Work Act 2015, ss 36, 48 & 152(1) —
Department of Labour v Hanham & Philp Contractors Ltd (2008) 6 NZELC 79 (HC) —
WorkSafe New Zealand v New Zealand Timber  NZDC 19471 — WorkSafe New
Zealand v Firewood Direct (Motueka) Ltd  NZDC 23514 — WorkSafe New Zealand v
New Zealand Woodtex Ltd  NZDC 16063 — WorkSafe New Zealand v Prepared
Produce Ltd  NZDC 3446 — WorkSafe New Zealand v Rangiora Carpets Ltd 
NZDC 26648 — Hanham & Philp re Cookie Time Appeal, 18 December 2008, HC
Christchurch CRI-2008-409-000002 — Arbor Reman Ltd v Department of Labour  8
NZELR 57 — WorkSafe New Zealand v Avon Industries Limited  NZDC 6645 —
WorkSafe New Zealand v Budget Plastics (New Zealand) Limited  NZDC 17395.
The defendant company appeared for sentence on a charge of failing to ensure the health
and safety of it workers. The victim was working an inadequately guarded press machine and
was injured to the point that three fingers were entirely amputated as well as the tip of
another. The decision was made following a change to health and safety legislation that
increased the fines for breaches of the Act by six-fold.
The first step in the sentencing process was to assess reparation, then to fix a fine and finally
to make an assessment overall proportionality and imposition of the reparation and the fine.
The Judge referred to case law and settled on reparations of $32,500. The defendant also
agreed to pay the victim an ACC top up of $2,219.70.
A starting point of $450,000 was adopted for the fine, reflecting moderately serious offending.
A 30 per cent discount was given for prior good record, co-operation, remedial steps taken,
remorse and the defendant's insurance policy. The was reduced a further 25 per cent for
early plea to a final fine of $236,000.25.
The Judge also ordered the defendant to pay costs of $3531.40. The victim was granted final
Judgment Date: 5 December 2017.