Court Summary - at a glance

Date of offence:
13 November 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$65,000

Safety lessons learned:
  1. Conduct an assessment of Just Brilliant Limited’s safe work procedures, including in relation to the erection of timber frames, prior to engaging them to conduct the work.
  2. Adequately identify and assess the risks that erecting timber frames posed to Just Brilliant Limited’s workers and ensured that effective controls, such as mechanical lifting aids, were identified to manage those risks.
  3. Develop and implement a safe system of work to manage the risk of crushing by timber frames, including the use of mechanical lifting aids.
  4. Consult and coordinate activities with Just Brilliant Limited in respect of the risk associated with the erection of timber frames and how those risks would be managed.
  5. Monitor and enforce compliance by all workers (including Just Brilliant Limited workers) with the safe system of work to manage the risk of crushing by timber frames, including the use of mechanical lifting aids.

Defendant name:
Ikon Homes NZ Limited
 
Industry:
Building and construction
 
Date of offence:
13 November 2017
 
Facts in brief:
Property developer Ikon Homes NZ Limited contracted Just Brilliant Limited to provide labour only carpenter services. A young worker suffered significant back injuries when a large timber frame fell on top of him on a residential building site.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$65,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$20,594.41 – for emotional harm
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