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WorkSafe New Zealand v Ron Frew Family Partnership Ltd [2018] NZDC 20330

Published 23 August 2019

Failure to ensure health and safety of workers — horticulture company — WorkSafe v Firewood Direct Motueka Limited [2015] NZDC 23514 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93,095, (2008) 6 NZELR 79 — WorkSafe New Zealand v Easton Agriculture Ltd [2018] NZDC 2003 — WorkSafe v Niagara Sawmilling Company Ltd [2018] NZDC 3667 — Health and Safety at Work Act 2015, ss 3 (2), 36, 48 & 151 — Sentencing Act 2002. The defendant appeared for sentence on one charge of failing to ensure so far as reasonably practicable the health and safety of its workers. The defendant was a horticulture company that had been engaged in growing potatoes and carrots for almost 50 years. On the day of the accident the victim had been helping to harvest the potato crop. Two harvesting machines, that were liable to blockages and stoppages, were used in this task. The accident occurred when the victim used his foot to point towards an unusual noise coming from the machine, and his foot was then pulled into the machine and trapped, causing him a serious leg injury. The Court ascertained the cause of the accident as the defendant's failure to adequately guard the moving parts of the machine, and failure to have a formal standard operating procedure for keeping staff safe. The Court ordered the defendant pay the victim $40,000 in emotional harm reparations and $6000 for financial loss. The Court assessed the defendant's culpability as medium, taking into account factors such as risk of serious injury, industry standards, the adequacy of the defendant's operating procedures, how the accident occurred, the severity of the injury to the victim, and mechanisms in place that stopped the accident from being even worse. The starting point for fine was $350,000. In recognition of the defendant's strong safety record, good character, remorse and reparations, cooperation with the investigation and recent improvements to safety procedures, the Court applied a 40 percent discount. After a further discount for early guilty plea, the final fine was $157,500. Judgment Date: 14 September 2018.