Court Summary - at a glance
Date of offence:
Between 14 October 2022 and 6 May 2023
Plea:
Guilty
Decision:
Convicted and fined
Final decision date:
Fine imposed:
Starting point of $550,000 set. Following discounts, final fine set at $450,000.
Safety lessons learned:
It was reasonably practicable for JCL to have:
- Adequately assessed the risks associated with the overhead power lines, including the risks of electric shock and electrocution, and communicated the risks to workers.
- Effectively consulted with the applicable power line owner (Vector Limited) about the risks associated with the overhead power lines and the steps required to eliminate or minimise these risks.
- Ensured all work was carried out in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34) including complying with the minimum safe distances and minimum safe approach distance limits of the high voltage power lines.
- Developed and implemented a safe system of work for the installation of cladding that did not expose workers to the risk of electrocution or electric shock and fall from height.
- Ensured that the scaffold was only altered by persons competent to do so.
It was reasonably practicable for CBSL have:
- Adequately assessed the risks associated with the overhead power lines, including the risks of electrocution and electric shock and communicated the risks to Joan Carpenters Limited.
- Ensured there was effective consultation with the applicable power line owner (Vector Limited) about the risks associated with the overhead power lines and the steps required to eliminate or minimise these risks.
- Ensured the scaffold was installed, constructed or commissioned in compliance with the New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP34) including complying with the minimum safe distances and minimum safe approach distance limits of the high voltage power lines.
Defendant name:
Joan Carpenters Limited and Church Bay Services Limited
Industry:
Building and construction
Date of offence:
Between 14 October 2022 and 6 May 2023
Facts in brief:
On 5 May 2023 the victim was installing cladding on a residential building site on Waiheke Island. The cladding was to be installed on the corner of the building near high voltage 11kV overhead power lines (the power lines).
The scaffolding had been installed too close to the power lines. At closest the scaffolding was 1.5m–1.9m from the power lines.
The victim was standing on the scaffolding and as he rotated cladding measuring 5.6m, the top end of the cladding hit the power lines. The victim received an electric shock. He passed out and fell backwards (approximately 3.7m) off the scaffold through an open void.
The victim sustained serious injuries as a result of the incident.
The scaffolding had been installed too close to the power lines. At closest the scaffolding was 1.5m–1.9m from the power lines.
The victim was standing on the scaffolding and as he rotated cladding measuring 5.6m, the top end of the cladding hit the power lines. The victim received an electric shock. He passed out and fell backwards (approximately 3.7m) off the scaffold through an open void.
The victim sustained serious injuries as a result of the incident.
Offence section:
JCL – Sections 36(1)(a) and 48(1) and (2)(c) Health and Safety at Work Act 2015 (HSWA)
CBSL – Sections 43(2)(b) and 48(1) and (2)(c) HSWA
CBSL – Sections 43(2)(b) and 48(1) and (2)(c) HSWA
Date(s) charged:
2 May 2024
Court:
Auckland - District Court
Plea:
Guilty
Final decision date:
Decision:
Convicted and fined
Fine imposed:
Starting point of $550,000 set. Following discounts, final fine set at $450,000.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm – $40,000 (apportioned 55% to JCL and 45% to CBSL)
Consequential loss – $2,818.99 (apportioned 55% to JCL and 45% to CBSL)
Costs – Global costs of $10,000 awarded (to be split equally between defendants). WorkSafe sought $14,510.80 total ($4,792.55 for legal costs and $8,800 for investigation costs).
Consequential loss – $2,818.99 (apportioned 55% to JCL and 45% to CBSL)
Costs – Global costs of $10,000 awarded (to be split equally between defendants). WorkSafe sought $14,510.80 total ($4,792.55 for legal costs and $8,800 for investigation costs).
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