Court Summary - at a glance

Date of offence:
22 February 2021
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Starting point $450,000 reduced to $283,500

Safety lessons learned:

The defendant failed to:

  • Ensure the machine was adequately guarded (to the standard described in AS/NZS 4024 or better) so as to prevent access to the pressing chamber while the hydraulic ram was in motion; and
  • Develop, implement, communicate, and monitor compliance with adequate safe systems of work for the machine including procedures for ensuring the machine was blocked off, and spotters used where necessary, to prevent access to dangerous areas by others while the machine was being maintained and tested.

Defendant name:
Silver Fern Farms Limited
 
Industry:
Manufacturing
 
Date of offence:
22 February 2021
 
Facts in brief:
A worker for Silver Fern Farms Limited sustained serious injuries after his right hand was caught between a ram and an end plate while he was attempting to clean meat residue off the ram head.
 
Offence section:
Section 36(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.
 
Date(s) charged:
15 February 2022

Court:
Hastings - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Starting point $450,000 reduced to $283,500
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - not ordered as the defendant had already paid $50,000 to the victim and was providing financial support to ensure the victim received a “top of the range” prosthetic hand

Consequential loss - not ordered as the defendant has been providing ACC top up

Costs - legal costs of $694.03
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Silver Fern Farms Limited (PDF 166 KB)
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