Sentencing — failing to ensure health and safety of employees — failing to develop safe system of work — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe v Cooper Logging Ltd [2018] NZDC 20232 — WorkSafe v Central Siteworks Ltd [2019] NZDC 24736 — WorkSafe v Morris Couper Logging Ltd [2018] NZDC 18139 — Moses v R [2020] NZCA 296 — Health and Safety at Work Act 2015, ss 36 & 48 — Sentencing Act 2002, s 14. The defendant appeared for sentence on a charge of failing to ensure the health and safety of its employees. It was a logging extraction company that had been undertaking forestry work on a steep site. One of the defendant's employees (the deceased) had been attempting to haul a log using a skidder device when the skidder lost balance and rolled downhill, causing fatal injuries to the deceased. The defendant had failed to develop safe work systems to manage the risk of working with machinery on steep slopes and had failed to develop safe and fit-for-purpose extraction tracks. It was agreed by the parties that these failings did not actually cause the death of the deceased, so no reparation was payable; however the Court observed that the failings went to the key and obvious risk of log-extraction work, and that those engaged in this kind of work need to take measures to manage the risks. The parties agreed that the defendant's culpability fell into the medium range set out in the Stumpmaster decision. The Court found that the culpability was towards the upper end of the range, given the risks associated with the work and the lack of a detailed and specific site assessment plan, as well as the failure to properly record the daily site meetings. The start point for fine was $450,000, with discounts for remorse, good safety record and guilty plea reducing the amount to $225,000. Given that the defendant was now insolvent but able to meet some of its debts, the Court substituted a final fine of $60,000. Judgment Date: 20 July 2020