Court Summary - at a glance

Date of offence:
20 December 2017
 
Plea:
Not guilty
 
Decision:
Appeal dismissed
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $300,000 which the Court accepted. Following discounts of 15%, the final fine was set at $255,000.

Safety lessons learned:

Dong SH Auckland Limited failed to:

  1. ensure, as far as reasonably practicable, the safety of its workers who worked for the PCBU, in that it exposed workers to a risk of serious illness arising from exposure to asbestos;
  2. ensure as far as reasonably practicable, the safety of its workers who worked for the PCBU in that it exposed those workers to a risk of serious injury or death arising from the collapse of a wall; and
  3. ensure, as far as reasonably practicable, the safety of other persons in that it exposed other persons to a risk of serious injury or death arising from the collapse of a wall.

Defendant name:
Dong SH Auckland Limited
 
Industry:
Building and construction
 
Date of offence:
20 December 2017
 
Facts in brief:
Dong SH Auckland Limited (in liquidation) appealed against its conviction in the Auckland District Court on three charges under the Health and Safety at Work Act 2015. The convictions were in respect to Dong SH role in the demolition not the course of demolition work.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
9 November 2022

Court:
Auckland - High Court
 
Plea:
Not guilty
 
Final decision date:
 
Decision:
Appeal dismissed
 
Fine imposed:
The starting point for the fine was set at $300,000 which the Court accepted. Following discounts of 15%, the final fine was set at $255,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Costs of $7,967.99 were awarded jointly and severally with the director of the company.
 
Related Documents:
PDF
WorkSafe v Dong SH Auckland Limited - costs (PDF 139 KB)
PDF
WorkSafe v Dong SH Auckland Limited decision (PDF 1.4 MB)
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