Court Summary - at a glance

Date of offence:
15 August 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$65,000

Safety lessons learned:

The defendant failed to:

  • Conduct an adequate risk assessment of the task of erecting prefabricated timber frames.
  • Develop an adequate lift plan for the erection of the prefabricated timber frames and ensure effective controls, such as using a Hiab truck or crane, were implemented.
  • Communicate, monitor and train its workers on the safe processes to follow when erecting prefabricated timber frames.

Defendant name:
RS Construction Limited
 
Industry:
Building and construction
 
Date of offence:
15 August 2020
 
Facts in brief:
A large timber frame that was being manually installed for a build on a residential property slipped on the worker/victim leaving him a paraplegic with permanent traumatic spinal injuries.
 
Offence section:
Section 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
11 August 2021

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$65,000
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $110,000 was awarded (less $30,000 paid)
Consequential loss - $165,734
Costs - legal costs of $2,935.24
 
Related Documents:
PDF
Worksafe New Zealand v RS Construction Limited (PDF 220 KB)
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