Published 02 July 2024
Sentencing — failing to comply with prohibition notice — no guideline judgment — Health and Safety at Work Act 2015, s 107 — Stumpmaster & Ors v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Inter Pro Group Limited [2015] NZDC 8468. The defendant appeared for sentence on a charge of failing to comply with prohibition notice, a strict liability offence carrying a maximum penalty of $500,000. A WorkSafe inspector had visited a construction site and had observed unsafe scaffolding and a lack of adequate protections from falls from height. Subsequently the inspector issued the defendant with a notice prohibiting it from undertaking any work or activity on the second level of the construction site. Two days later the inspector returned and saw that workers were working on the second level of the site, in breach of the notice. In spite of the lack of any guiding judgment for this type of offending, the Court set a start point for fine of $80,000. The defendant's good safety record, cooperation with investigation, and guilty plea reduced the fine to $50,000. The Court also ordered costs of $1413.03. Judgment Date: 9 June 2020
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