Published 13 May 2019
Sentencing — WorkSafe prosecution — workplace accident — heavy machinery — Health and Safety at Work Act 2015, ss 2, 36 & 48. The defendant company faced sentencing for breaches under the Health and Safety at Work Act relating to a tractor accident on the victim's farm. There had been issues with a tractor the victim and her husband had purchased, which led to a call out by a mechanical technician. Subsequent to the callout, the brakes on the tractor failed causing the tractor to roll down a hill with the victim in a trailer attached behind. The victim was thrown from the trailer and it drove over her, causing significant breaks to her neck, arms, and legs. The Judge fixed the reparations at $60,000 and a further consequential loss payment at $73,459.75, reflecting the loss of income, Kiwisaver, physiotherapy and truck. However, the Judge deferred the assessment of the fine, in order to wait for decisions appealed to the higher Courts.
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