Sentencing — failing to ensure health and safety of workers — Health and Safety at Work Act 2015, ss 36(1), 48(1) & 48(2)(c) — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Dimac Contractors Ltd [2017] NZDC 26648 — WorkSafe New Zealand v Lindsay Whyte Painters and Decorators Ltd [2017] NZDC 28091 — WorkSafe New Zealand v Rangiora Carpets Ltd [2017] NZDC 22587, [2018] DCR 276. The defendant pleaded guilty to a charge of failing to ensure the health and safety of its workers. One of its employees (the victim) had been conducting fumigation work on board a cargo ship bound for China, when he fell off a stack of logs and sustained serious injuries. Following the sentencing approach set out in the Stumpmaster decision, the Court ordered the defendant to pay the victim $60,000 in reparations. In setting a fine, the Court observed that the victim had made some poor decisions leading to the accident. However the defendant had not provided him adequate training for working at heights. It had also failed to impose formal requirements to prevent such accidents, such as ensuring that employees were always accompanied, had means to communicate, and had access to proper first aid. The start point for fine was $350,000. With discounts for remorse and guilty plea, the total fine was $245,000 along with costs of $25,135.75 and consequential losses to the victim of $6089.96. Judgment Date: 18 June 2021