Court Summary - at a glance

Date of offence:
27 August 2022
 
Plea:
Guilty
 
Decision:
Convicted and sentenced
 
Final decision date:
 
Fine imposed:
Starting point of $700,00. Following 50% discounts the final fine was set at $350,000.

Safety lessons learned:

The defendant failed to have:

  1. Ensured a competent person conducted an adequate risk assessment of the traffic management at the Onehunga site.
  2. Developed, documented, and implemented an adequate traffic management plan at the Onehunga site and communicated and trained workers in the traffic management plan.
  3. Ensured physical separation of pedestrians and moving plant in the customer collection area of the Onehunga site.
  4. Monitored, ensured compliance with, and reviewed the ongoing effectiveness of the traffic management plan.
  5. Ensured the forklift (TDX 16AC, serial number SA1810146) was safe to operate.

Defendant name:
Trade Depot Limited
 
Industry:
Retail
 
Date of offence:
27 August 2022
 
Facts in brief:
The primary victim was waiting in the customer collection area at the defendant’s warehouse for a dishwasher and dryer to be loaded onto a vehicle. The defendant’s employee drove a forklift carrying the items – unloaded the items behind the vehicle – and while reversing to return to the warehouse, struck the victim.

The victim suffered a below knee amputation of her left leg, left thigh degloving, lacerations and a fractured right thumb.
 
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:
31 July 2023

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and sentenced
 
Fine imposed:
Starting point of $700,00. Following 50% discounts the final fine was set at $350,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm – $80,000
Consequential loss – $61,502.12 (reduced from $110,958.12 in consideration of $50,000 paid to the victims before sentencing).
Costs – $955.06
 
Related Documents:
PDF
Sentencing notes: WorkSafe New Zealand v Trade Depot Limited (PDF 217 KB)
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