district court logo

WorkSafe New Zealand v Fresh Meats NZ Ltd [2020] NZDC 12959

Published 02 July 2024

Sentencing — failing to ensure health and safety of workers — exposing workers to risk of serious injury — name suppression — Health and Safety at Work Act 2015, ss 36(1)(a), 48(1) & 48(2)(c) — Criminal Procedure Act 2011, s 202 — WorkSafe New Zealand v Stumpmaster Ltd [2018] NZDC 900. The defendant appeared for sentence on a charge of failing to ensure the health and safety of its workers, thereby exposing them to the risk of serious injury. It was a slaughtering and meat processing company, and the incident occurred when one of its slaughter floor labourers got her hand caught between two production chains while engaged in cleaning work. The victim suffered serious and permanent injuries to her hand and also ongoing psychological trauma. The Court ordered reparations of $35,000 to the victim as well as consequential losses of $10,000, given that the victim had been unable to return to work and faced an uncertain employment future. The Court found the defendant to be of moderate culpability and set a start point for fine of $450,000. With reductions for remedial steps, cooperation with the investigation, remorse, payment of reparations and guilty plea, the final fine was $253,125 along with costs of $2500. Finally, the Court ordered that $50,000 of the fine be paid to the victim, and made an order that the victim's name not be published. Judgment Date: 3 July 2020