Sentencing — failing to take all practicable steps to ensure that any action or inaction did not cause harm to any person on site — timber-processing plant — death of child — log-stack collapse — Health and Safety in Employment Act 1992, s 15 — Health and Safety at Work Act 2015 — “Guide to Health and Safety in the Timber Processing Industry” Department of Labour/ACC, ACC 1831 May 2005 — Health and Safety Executive Information Sheet “Stacking Round Timber, Sawn Timber and Board Materials,” Safe Working Practices, 06/14, Health and Safety Executive, United Kingdom — Department of Labour v Hanham & Philp Contractors Ltd (2009) 9 NZELC 93,095, (2008) 6 NZELR 79 — Big Tuff Pallets Ltd v Department of Labour (2009) 7 NZELR 322 — Ministry of Business, Innovation and Employment v Motueka High School Board of Trustees DC Nelson, CRI-2012-042-002185 5 December 2012 — WorkSafe v Idea Services [2015] NZDC 3696. The defendant appeared for sentence on a charge of failing to take all practicable steps to ensure that any action or inaction did not cause harm to any person on site. It was a timber-processing company, and the incident that gave rise to the charge occurred when a stack of logs collapsed and killed a three-year-old child (the victim). The victim had been visiting his father, who was an employee of the defendant and was at work on a Sunday. It was unclear whether the logs had been improperly stacked; however the victim was present at the worksite because the defendant had failed to properly communicate, monitor and enforce policies relating to access to the site, especially access by children. As the accident occurred shortly before the Health and Safety at Work Act came into force, the defendant was sentenced under the Health and Safety in Employment Act 1992. The Court observed that this made a significant difference to the case's outcome. The Court ordered emotional harm reparations of $95,000 to the victim's mother and $5000 to his grandfather (the victim's father had also died since the accident, in an unrelated incident). In setting a fine, the Court noted that the stacks of logs created a risk of serious harm that the defendant had failed to properly address. Further, the hazard was obvious and would have been cheap and easy to remedy. The start point for fine was $50,000, and allowances for good safety record, remorse, and guilty plea reduced the final amount to $32,000. Judgment Date: 5 June 2020