Court Summary - at a glance

Date of offence:
29 March 2023
 
Plea:
Guilty
 
Decision:
Convicted and fined
 
Final decision date:
 
Fine imposed:
Starting point for All Smart at $500,000. Following discounts of 50%, fine imposed at $450,000.

Safety lessons learned:

It was reasonably practicable for All Smart Kitchens & Granite Works Limited to have:

  1. completed an adequate risk assessment to identify the risk of the panels falling;
  2. ensured workers were trained in the safe system of work or supervised by a trained person.

Defendant name:
All Smart Kitchens & Granite Works Limited
 
Industry:
Manufacturing
 
Date of offence:
29 March 2023
 
Facts in brief:
A volunteer worker was assisting with the devanning of some stone slabs from a container. When attempting to remove the final slabs they fell on him causing him serious leg injuries.
 
Offence section:
sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
 
Date(s) charged:
18 January 2024

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and fined
 
Fine imposed:
Starting point for All Smart at $500,000. Following discounts of 50%, fine imposed at $450,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $45,000
Consequential loss – $0 due to payments made by defendant
Costs – $2,311.58 legal costs