Court Summary - at a glance

Date of offence:
30 May 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$90,000

Safety lessons learned:
  • Identify appropriate controls to manage the risk to public safety;
  • Ensure an effective exclusion zone was in place; and
  • Use effective controls to minimise the risk of the public walking into the fall zone.

Defendant name:
Stumpmaster Limited
 
Industry:
Forestry
 
Date of offence:
30 May 2016
 
Facts in brief:
The Defendant is a company in the business of residential arboriculture work.

The Defendant was engaged to carry out work at a residential address at the end of a cul de sac, including the trimming and reducing of various trees and the removal of a palm tree, which was approximately 3 – 5 metres tall.

On the day of the incident, a neighbouring resident walked out of her driveway onto the footpath and was struck by the branches of the palm tree as it was being felled.

The victim suffered multiple rib fractures and a laceration on her back requiring stitches. Previous fractures to her right elbow and right ankle were re-fractured as a result of the incident.
 
Offence section:
Sections 48(1) and (2)(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
North Shore - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$90,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$18,500
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Stumpmaster Limited (PDF 1 MB)
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