Court Summary - at a glance

Date of offence:
27 October 2012
 
Plea:
Guilty
 
Decision:
• Section 6: Convicted
• Section 25: Withdrawn
 
Final decision date:
 
Fine imposed:
$10,000 (for each Defendant)

Safety lessons learned:
  1. Ensure that all hazards on the farm were identified, assessed and recorded;
  2. Ensure that effective hazard controls were in place; and
  3. Ensure that all employees used personal protective equipment including helmets.

Defendant name:
Kenneth Rae McLanachan
 
Industry:
Agriculture
 
Date of offence:
27 October 2012
 
Facts in brief:
The Defendant is in a partnership which owns a number of properties including Te Kumi station.

The partnership owned a number of quad bikes which were used by employees. The victim was employed by the partnership as a farm manager.

On the day of the incident, the victim was using a quad bike to retrieve his dogs who were chasing lambs. Although there was a helmet available, he was not wearing it. The victim was found after hitting a large tree, as there were no witnesses the cause of the accident is unknown.

The victim suffered a broken neck and significant brain damage.
 
Related prosecutions:
 
Offence section:
• Sections 6 and 50(1)(b) of the Health and Safety in Employment Act 1992
• Sections 25 and 50(1)(b) of the Health and Safety in Employment Act 1992
 
Date(s) charged:

Court:
Gisborne - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
• Section 6: Convicted
• Section 25: Withdrawn
 
Fine imposed:
$10,000 (for each Defendant)
 
Maximum fine available:
$250,000
 
Reparation:
$25,000 (for each Defendant)
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