Court Summary - at a glance

Date of offence:
26 August 2022
 
Plea:
Guilty
 
Decision:
Convicted and sentenced
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $420,000. Following discounts of 50% and the defendant's ability to pay, only $74,392 was imposed. This was to be paid over three years.

Safety lessons learned:

The defendant failed to:

  1. Ensure an effective risk assessment of the machine was completed by a person.
  2. Ensure the machine guarding on the machine met the requirements of AS/NZS 4024 or higher standard.
  3. Ensure a safe system of work was in place for the machine, including a standard operating procedure, pre-start check, and a monitoring and maintenance procedure.

Defendant name:
Flexicon Plastics Limited
 
Industry:
Manufacturing
 
Date of offence:
26 August 2022
 
Facts in brief:
The victim was cleaning a plastic granulator machine and leant on an inadequately guarded on/off switch which turned the machine on while his hand was in the rotor of the machine. Two fingers were amputated and another degloved.
 
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:
17 August 2023

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and sentenced
 
Fine imposed:
The starting point for the fine was set at $420,000. Following discounts of 50% and the defendant's ability to pay, only $74,392 was imposed. This was to be paid over three years.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $33,000
Consequential loss – None (ACC top-up paid before hearing)
Costs – $2,200.66
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Flexicon Plastics Limited (PDF 270 KB)
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