Court Summary - at a glance

Date of offence:
10 February 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$45,000

Safety lessons learned:
  1. Have an effective system in place to monitor and maintain the forklift fleet.
  2. Ensuring that a working seat belt was fitted to the forklift and to all forklifts used in their place of work
  3. Ensuring that employees do not operate forklifts before passing a training programme with practical and theoretical testing;
  4. Ensuring that all forklift operators are trained by competent, qualified trainers

Defendant name:
Kiwi Timber Protection Limited
 
Industry:
Manufacturing
 
Date of offence:
10 February 2014
 
Facts in brief:
The Defendant operates a timber processing plant in Whanagrei. The victim was employed by the Defendant company as a mill hand. However in January 2014 he was moved to a position that involved using forklifts on a regular basis. The victim had not undertaken a training course. He was assessed by staff on site as being competent to drive.

The victim used the forklift to pick up an empty timber-carrying cradle. The forklift rolled backwards down the driveway to the dry mill building, hit a pile of steel and tipped over.

The victim sustained massive crush injuries to the head and trunk and died at the scene.
 
Offence section:
S6 Health and Safety in Employment Act 1992
 
Date(s) charged:
21 July 2014

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$45,000
 
Maximum fine available:
$250,000
 
Reparation:
$94,040
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Kiwi Timber Protection Limited (PDF 538 KB)
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