Court Summary - at a glance

Date of offence:
On or about 5 October 2021
 
Plea:
Guilty
 
Decision:
Convicted and sentenced
 
Final decision date:
 
Fine imposed:
Starting point for Grouting at $500,000. Following discounts of 60%, fine imposed at $180,000 to be paid over 12 months.

Safety lessons learned:

It was reasonably practicable for Grouting Services NZ Limited to ensure it provided:

  1. a safe system of work in respect of deconstructing each waler beam, including by undertaking an effective risk assessment and by providing a system to arrest the relevant beam’s fall.

Defendant name:
Grouting Services NZ Limited
 
Industry:
Building and construction
 
Date of offence:
On or about 5 October 2021
 
Facts in brief:
The victim and two other workers for the defendant were assigned to de-stress and remove ground anchor tendons and remove a waler beam from the basement ceiling of a building still under construction. The victim had completed a cut of a corbal which supported the beam, resulting in the waler beam falling onto him. The victim suffered fatal injuries.
 
Offence section:
Sections 36(1)(a), 48(1) and 48(2)(c) of HSWA
 
Date(s) charged:
3 October 2022

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and sentenced
 
Fine imposed:
Starting point for Grouting at $500,000. Following discounts of 60%, fine imposed at $180,000 to be paid over 12 months.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm:
$110,000 to be paid immediately – apportioned as:
$77,000 (for the victim’s mother)
$11,000 (for each of the victim’s three brothers)

Costs – N/A – already paid by defendant
 
Related Documents:
PDF
Sentencing notes – WorkSafe New Zealand v Grouting Services NZ Limited (PDF 221 KB)
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