Court Summary - at a glance

Date of offence:
30 March 2022
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $350,000. Following discounts of 40%, the final fine was set at $210,000.

Safety lessons learned:

It was reasonably practicable for the defendant to have:

  1. Carried out effective consultation with Inspire Building Limited as to how they were planning to install the timber frames at the site, including the weight of the frames and what controls (such as a mechanical aid and bracing) were to be used.
  2. Ensured the use of a mechanical aid to assist with installing the timber frames at the site.
  3. Ensured adequate monitoring of the effectiveness of the safe systems of work used by Inspire for installing timber frames at the site.

Defendant name:
The Thorne Group B.O.P. Limited
 
Industry:
Building and construction
 
Date of offence:
30 March 2022
 
Facts in brief:
A worker, Ethan Thomas Perham-Turner (known as Mr Hyde), received a fatal closed head injury when the prefabricated timber frames he and three other workers were manually lifting into place fell and struck him on the back of his neck and head area.

The Thorne Group B.O.P Limited (Thorne Group) was the project manager of the building site at lot 86, 16 Te Kaka Place, Omokoroa (the site) where the incident happened.

Thorne Group sub-contracted Inspire Building Limited (Inspire) to undertake the building work at the site.

The subsequent WorkSafe investigation identified failures on the part of Thorne Group and Inspire to comply with their statutory duties under the Health and Safety at Work Act 2015 (HSWA).
 
Related prosecutions:
 
Offence section:
Sections 36(1)(a) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
15 March 2023

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $350,000. Following discounts of 40%, the final fine was set at $210,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $56,000
Consequential loss – $2,030.52
Legal costs – $5,856.01
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Inspire Building Limited and The Thorne Group BOP Limited (PDF 217 KB)
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