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Court Summary - at a glance

Date of offence:
16 June 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point was set at $400,000, following discounts, the final fine was set at $220,000

Safety lessons learned:

The defendant failed to:

  • Provide, maintain and monitor the effectiveness of a safe system of work for the operation of the Amada Press Brake, including by ensuring workers received effective training, instruction and supervision on its safe operation and the Standard Operating Procedure for the Amada Press Brake.
  • Ensure that the Amada Press Brake was safe to use and adequately guarded in accordance with industry standards. 

Defendant name:
Donovan Group NZ Ltd
 
Industry:
Manufacturing
 
Date of offence:
16 June 2021
 
Facts in brief:
On 16 June 2021, while working for Donovan Group NZ Limited, Mr Mohan Yeripalli (the victim) was operating the Amada Promcam RG80 brand hydraulic powered press brake (the Amada).

While operating the Amanda, the victim inadvertently lost his balance and placed his left hand on the Amada to regain his balance, while the Amada was activated.

The victim’s top part of his left index finger was amputated, and he lost 30% of the nail bed of his middle-left finger.
 
Offence section:
Sections 36(1) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
1 June 2022

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point was set at $400,000, following discounts, the final fine was set at $220,000
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $31,000
Costs - $3,873 plus court costs of $130