Sentencing — Health and Safety at Work Act 2015, ss 36, 48, 152 & 158 — PCBU — crush injuries — reparations — failing to ensure safety of workers — exposing workers to a serious risk of injury — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Department of Labour v Hanham and Philp Contractors Limited (2008) 6 NZELR 79 — WorkSafe New Zealand v Carter Holt Harvey Limited [2018] NZDC 22605 — WorkSafe New Zealand v Alliance Group Limited [2018] NZDC 20916. The defendant company entered a guilty plea to a charge of contravening ss 36(1)(a) and 48 of the Health and Safety at Work Act, following a worker sustaining crush injuries to both arms and hands in an incident involving the unguarded rollers of a Rewinder machine. The victim's arms became caught in the unguarded print rollers. In an effort to pull free his right arm, his left arm became trapped and required intervention by the fire service. In addition to the crush injuries, the victim sustained lacerations, wounds to the bone and degloving of parts of his hand. WorkSafe found the Rewinder did not have adequate guarding, there were no effective emergency stop mechanisms and no interim arrangements had been made to manage the risks associated with the Rewinder. In fixing the reparations, the Judge considered the defendant's efforts to meet the victim's ACC shortfall and related costs and awarded $45,000 in emotional harm reparations. On the fine, the Judge considered relevant case law as well as the fact the hazard was obvious and the unguarded nature of the Rewinder was a significant departure from industry standards. The Judge adopted a starting point of $600,000. The defendant received a reduction of 30 per cent for their willingness to pay reparations, co-operation, remorse, and the lack of prior prosecutions. A further 25 per cent was discounted for the defendant's guilty plea. The end sentence was $45,000 in emotional harm reparations, $315,000 in fines and, finally, WorkSafe were granted $10,300.23 as a contribution to costs. Judgment Date: 11 February 2019.