Court Summary - at a glance

Date of offence:
16/11/2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$500,000

Safety lessons learned:
  1. Ensure plant is safe for workers by installing suitable guarding on the plant;
  2. Develop, implement and monitor a safe system of work for the plant;
  3. Ensure that workers receive appropriate supervision and training by authorized trainers, on the operation of the plant.

Defendant name:
Waste Management NZ Limited (Kerepehi)
 
Industry:
Manufacturing
 
Date of offence:
16/11/2017
 
Facts in brief:
"The Defendant operated a tyre-shredding facility at Kerepehi. The victim was working at the facility under a labour hire agreement, and was tasked with the collection and shredding of tyres.

On 16 November 2017, the victim was feeding tyres in to the conveyer belt on the shredder. The shredder’s guarding had been removed in order to make necessary modifications.

While attempting to clear debris by hand, the victim’s arm became caught in the belt and he suffered a fracture and partial de-gloving of his arm, requiring hospitalisation. "
 
Offence section:
Sections 48(1) and 2(c), and 36(1)(a) of the Health and Safety at Work Act 2015
 
Date(s) charged:
14/11/2018

Court:
Hamilton - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$500,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$50,000 in emotional harm
$26,628.92 in costs

 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Waste Management NZ Limited Kerepehi (PDF 186 KB)
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