Court Summary - at a glance

Date of offence:
22 February 2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $500,000. No fine was imposed as the company is in liquidation.

Safety lessons learned:

It was reasonably practicable for the defendant to:

  1. ensure the hazards and risks associated with the load supports and rigging of steel loads were adequately identified and assessed;
  2. provide and maintain an effective safe system of work in relation to the construction of load supports and rigging of loads, including training, supervision, and monitoring;
  3. ensure load supports were safe and effective;
  4. consult, co-operate with, and co-ordinate activities with other PCBUs, namely Culham Engineering Company Limited and Leighs Construction Limited, in relation to the assembling and rigging steel work at 46 Stonedon Drive, East Tamaki.

Defendant name:
Rigweld Engineering Services Limited (in liquidation)
 
Industry:
Building and construction
 
Date of offence:
22 February 2019
 
Facts in brief:
A stye holding up the longer steel beam was constructed by Rigweld staff and was 9 levels high.

At around 2.45pm on 22 February 2019, a Rigweld staff member choked a chain on the shorter beam, which was then raised by crane to the correct height. The victim was then instructed to reach under the 30-metre beam, pull a chain through from the other side of the beam, and to then pass the chain up to that Rigweld staff member.

Just as the victim reached under the beam, the timber stye holding it collapsed, pinning the victim underneath. The beam fell across his shoulder to his hip. The victim suffered several life-threatening injuries.
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a) and 48(1) and (2)(c) HSWA
 
Date(s) charged:
21 February 2020

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $500,000. No fine was imposed as the company is in liquidation.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $50,000 (to be split 50:50 with Culham Engineering Company Limited).

Consequential loss – $40,740 (to be split 50:50 with Culham).

Costs – Nil
 
Related Documents:
PDF
Sentencing decision: WorkSafe New Zealand v Culham Engineering Company Limited, and Rigweld Engineering Services Limited, and Leighs Construction Limited (PDF 286 KB)
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