Worksafe New Zealand v The Three H Company Limited  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.