Court Summary - at a glance

Date of offence:
19/02/2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$5,000 (reduced for financial incapacity)

Safety lessons learned:

It was reasonably practicable for Kumar Vasist to:

  1. carry out a risk assessment, or ensure that an effective risk assessment was carried out by a competent person;
  2. implement a safe system of work in relation to the excavation and retaining wall work;
  3. obtain the required (written) consent and/or advice from Wellington Electricity Lines Limited prior to commencing excavation work;
  4. ensure the excavation work maintained a safe distance from the base of the power pole;
  5. ensure non-interference with works;
  6. consult, co-operate with and co-ordinate activities with Mr Hayim Nahum in relation to the work at the site

Defendant name:
Kumar Vasist
 
Industry:
Building and construction
 
Date of offence:
19/02/2018
 
Facts in brief:
The Defendant was engaged to construct a retaining wall at a residential property, which involved excavating a bank near a power pole. The pole’s stay wire had been removed. While excavating the bank, the Defendant dug too close to the base of the pole, undermining the pole and causing it to fall across the roadway.
 
Offence section:
Sections 36(2), and 48(1) and 2(b) of the Health and Safety at Work Act 2015
 
Date(s) charged:
15/02/2019

Court:
Wellington - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$5,000 (reduced for financial incapacity)
 
Maximum fine available:
$300,000
 
Reparation:
$10,000 in consequential loss
$0 in costs (due to financial incapacity)

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