Court Summary - at a glance

Date of offence:
2 November and 27 December 2013
 
Plea:
Not Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$24,000 ($12,000 for each Reg 80 Electrical (Safety) Regulations 2010 charges)

Safety lessons learned:

Ensure all devices are tested and properly certified for NZ/AS Electrical standards.

Defendant name:
Kmall Limited
 
Industry:
Retail
 
Date of offence:
2 November and 27 December 2013
 
Facts in brief:
Kmall Ltd is a wholesale which sells various types of products (including electrical products) directly through its own website as well as through other sellers, including Grabone Ltd. In November 2013, a customer of Grabone Ltd purchased a bubble machine and Kmall Ltd was the supplier of the bubble machine. The customer received an electric shock from the bubble machine when it was plugged in but switched off. Following attempts to complain to Kmall Ltd, the customer subsequently notified Energy Safety.

Inspections of the bubble machine revealed that the machine was electrically unsafe.

The customer received an electric shock from one of the bubble machines purchased from Grabone’s website. While there was no lasting physical harm, there was a potential for serious harm.
 
Related prosecutions:
 
Offence section:
Section 163C of the Electricity Act 1992
Regulation 80 of the Electricity (Safety) Regulations 2010
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Not Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$24,000 ($12,000 for each Reg 80 Electrical (Safety) Regulations 2010 charges)
 
Maximum fine available:
$50,000
 
Reparation:
$3,000 reparation for emotional harm
$130 court costs on each charge
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