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Court Summary - at a glance

Date of offence:
28 February 2020
 
Plea:
Found guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
8 months home detention

Safety lessons learned:

The defendant failed to:

  1. correctly test prescribed electrical work, namely the installation of a socket-outlet, in accordance with regulation 63 of the Electricity (Safety) Regulations 2010 and AS/NZS 3000:2007, knowing that the failure to correctly test the prescribed electrical work was reasonably likely to cause serious harm or significant property damage, and failed to prevent, so far as reasonably practicable, serious harm or significant property damage. 
  2. conduct the following tests correctly, using the appropriate test equipment:
    1. Visual inspection of the work, carried out by verifying the correct circuit connections throughout the circuit, including the switchboard and wall switch used to operate the socket-outlet;
    2. Continuity of the earthing system, by measuring between the earth terminal of the socket-outlet and the switchboard earth bar;
    3. Insulation resistance test;
    4. Polarity test at the installed socket-outlet; and
    5. Earth fault loop impedance test. 

Defendant name:
Stephen Graham Burton
 
Industry:
Energy
 
Date of offence:
28 February 2020
 
Facts in brief:
Stephen Burton, a registered electrician, was contracted to install a socket-outlet and a rangehood at a residential property. Following the installation, Craig Johnston was engaged to install a casing around the rangehood. Mr Johnston made physical contact with the exterior metalwork of the range-hood and received a fatal electric shock.

At trial the court found that Mr Burton had failed to identify that a functional earthing connection on the socket outlet was missing, due to his failure to carry out the required testing of the installed socket-outlet.
 
Offence section:
Section 163C(2) of the Electricity Act 1992 and regulation 63 of the Electricity (Safety) Regulations 2010
 
Date(s) charged:
22 December 2021

Court:
Nelson - District Court
 
Plea:
Found guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
8 months home detention
 
Maximum fine available:
2 years imprisonment or $100,000 or both
 
Reparation:
Emotional harm – $50,000
Consequential loss – $100,000
Costs – N/A