Sentencing — failing to consult, co-operate and coordinate with other PCBUs — construction work — fall from height — Health and Safety at Work Act 2015, s 36 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020. The defendant appeared for sentence having pleaded guilty to a charge of failing to consult, co-operate and coordinate with other PCBUs. It was a construction company that had been engaged in a building project and had contracted another company (the glass company) to install a glass atrium. Before beginning the work the two companies had worked together to identify and prepare for hazards, and as a result had had safety netting installed. However before the glass company had completed its work, the defendant had the netting removed. Subsequently one of the glass company's employees (the victim) fell from the atrium and suffered serious injuries, including multiple fractures. The defendant had failed to consult the glass company before having the safety netting removed, and had not properly addressed the risks of workers falling from the atrium. The defendant had already paid the victim $10,000 in reparations, and the Court accepted that this was sufficient. Addressing the quantum of fine, the Court observed that the defendant had control of the worksite, that there was a potential for significant harm, and that the risk was obvious. Also, the victim had suffered serious harm. The defendant's culpability fell into the upper end of medium, and the Court set a start point for fine of $25,000. With discounts for previous good safety record, acceptance of responsibility, payment of reparations, and guilty plea, the final fine was $15,000 along with costs of $4500. Judgment Date: 19 May 2020