Court Summary - at a glance

Date of offence:
30 March 2022
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $500,000, with 40% discounts. The final fine was set at $30,000 due to financial incapacity.

Safety lessons learned:

It was reasonably practicable for the defendant to have:

  1. Developed, implemented and communicated an effective safe system of work for the installation of timber frames.
  2. Ensured effective controls, such as using a mechanical aid and bracing, were implemented when installing timber frames at the site.
  3. Ensured its workers were adequately trained in manual handling.
  4. Carried out effective consultation with The Thorne Group B.O.P. Limited as to how Inspire Building Limited was planning to install the timber frames at the site, including the weight of the frames and what controls (such as using a mechanical aid and bracing) were to be used.

Defendant name:
Inspire Building Limited
 
Industry:
Building and construction
 
Date of offence:
30 March 2022
 
Facts in brief:
A worker, Ethan Thomas Perham-Turner (known as Mr Hyde), received a fatal closed head injury when the prefabricated timber frames he and three other workers were manually lifting into place fell and struck him on the back of his neck and head area.

The Thorne Group B.O.P Limited (Thorne Group) was the project manager of the building site at lot 86, 16 Te Kaka Place, Omokoroa (the site) where the incident happened.

Thorne Group sub-contracted Inspire Building Limited (Inspire) to undertake the building work at the site.

The subsequent WorkSafe investigation identified failures on the part of Thorne Group and Inspire to comply with their statutory duties under the Health and Safety at Work Act 2015 (HSWA).
 
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:
15 March 2023

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $500,000, with 40% discounts. The final fine was set at $30,000 due to financial incapacity.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $84,000
Consequential loss – $3,045.78
Legal costs – $5,856.01
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Inspire Building Limited and The Thorne Group BOP Limited (PDF 217 KB)
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