Worksafe New Zealand v The Three H Company Limited [2018] NZDC 22138

Published 16 April 2019

Sentencing — WorkSafe prosecution — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93 — Health and Safety in Employment Act 1992, ss 18 & 50. The defendant company pleaded guilty and faced sentencing on one charge under the Health and Safety in Employment Act 1992. The defendant company supplied a piece of machinery but failed to ensure its conveyor feed belt was adequately guarded. The machinery was installed on a commercial farm and later caused injury to the victim by allowing the victim's arm to be pulled into an in running nip point between the belt and a tail drum. The victim suffered an arm amputation above the elbow. The Judge acknowledged the significant impact of the accident and awarded reparations of $70,000. The fine ordered was ultimately $63,750. Judgment Date: 17 October 2018.