Court Summary - at a glance

Date of offence:
Between 18 December 2017 and 21 December 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$150,000

Safety lessons learned:
  1. Adequately assess the risks the demolition work posed to workers.
  2. Develop and implement a demolition management plan covering each stage of the demolition process.
  3. Provide its workers with adequate training and procedures on how to conduct demolition.
  4. Consult and co-ordinate activities with other PCBUS in respect of the risks created by the demolition and how those risks would be managed.
  5. Ensure there was no asbestos at the property by engaging a competent person to identify and remove it prior to demolition.
  6. Identify and put in place controls to manage the risks the demolition work posed to other persons.

Defendant name:
Quick Earth Moving Limited
 
Industry:
Building and construction
 
Date of offence:
Between 18 December 2017 and 21 December 2017
 
Facts in brief:
The Defendant, who had very little experience in demolition, was demolishing a property with a digger. A wall collapsed onto a neighbouring property damaging the house and causing a gas leak. Neighbours had to vacate the area but one neighbour was trapped in her wheelchair at the back of her property, as her driveway was covered in debris. Fire Services had to build a ramp to allow her access out of her property. The demolished property also tested positive for asbestos.
 
Offence section:
Sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$150,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$30,0000 - emotional harm
 
Related Documents:
PDF
Sentencing notes - WorkSafe v Quick Earth Moving Limited 2019 (PDF 323 KB)
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