Court Summary - at a glance

Date of offence:
Between 1 October 2021 and 6 October 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point of $10,000. Fine end point $7,000 following discounts: 25% guilty plea, 5% good safety record.

Safety lessons learned:

The defendant failed to:

  • Ensure the incident scene at the site was left in situ
  • Ensure physical evidence was not removed from the incident scene at the site
  • Ensure workers did not access the site and, in particular, go near the incident scene located in the wine room. This includes not instructing workers to refix the fixing bracket and reinstate the safety net in the wine room (where the fall occurred); or instruct workers to install safety nets in the stair area at the site.

Defendant name:
Betterment Property Limited
 
Industry:
Building and construction
 
Date of offence:
Between 1 October 2021 and 6 October 2021
 
Facts in brief:
Betterment Property Limited is a property developer. It failed to take reasonable steps to preserve an accident site.
 
Offence section:
Sections 55(1) and s55(4)(b) of the Health and Safety at Work Act 2015
 
Date(s) charged:
3 October 2022

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point of $10,000. Fine end point $7,000 following discounts: 25% guilty plea, 5% good safety record.
 
Maximum fine available:
$50,000
 
Reparation:
Legal costs - $2,000
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Betterment Property Limited (PDF 165 KB)
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