Court Summary - at a glance

Date of offence:
On or about 4 March 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$267,750

Safety lessons learned:

It was reasonably practicable for Niagara Sawmilling Company Limited to:

  1. Ensure that there was an effective system in place to assess and monitor the risks associated with the Lakeland finger-jointer saw;
  2. Ensure that workers were isolated from the Lakeland finger-jointer saw while the saw was in motion with adequate interlocked guarding or an effective braking system on the saw.

Defendant name:
Niagara Sawmilling Company Limited
 
Industry:
Manufacturing
 
Date of offence:
On or about 4 March 2017
 
Facts in brief:
The Defendant, a wood processing company, owns and operated a finger-jointing machine. The victim, noticing a jam and in an attempt to clear it, reached into the machine. His glove was caught by the rotating saw. There was interlocked guarding in the form of fencing, but there was an eight second delaying between the interlock being triggered, and the blade saw stopping.

The victim suffered lacerations to three of his fingers. He required surgery, and was off work for eight weeks.
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date charged:

Court:
Invercargill - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$267,750
 
Maximum fine available:
$1,500,000
 
Reparation:
For emotional harm - $7,000 ($5,000 paid prior to sentencing)

For consequential loss - $1,100 (already paid prior to sentencing)