Published 28 April 2022
Sentencing — obstructing WorkSafe inspector — failing to make a statement — Health and Safety at Work Act 2015, s 168 — WorkSafe New Zealand v Davies Tree Service Ltd [2019] NZDC 8584 — WorkSafe New Zealand v Nanai [2019] NZDC 10327. The defendant had been found guilty of charges of obstructing a WorkSafe inspector and failing to make a statement when legally required to do so. He had refused to let the inspector assess his tree-harvesting operation, arguing that WorkSafe had no jurisdiction over him. The defendant was required to attend an interview with WorkSafe as a consequence; he did attend, but refused to answer any questions. The Court observed that setting the proper amount of fine was problematic; the defendant had refused to attend any court appearances, so his ability to pay a fine was unknown. Therefore the Court operated on the assumption that he would be able to pay the amount of fine that was imposed. Given that the business the defendant was engaged in (logging) was inherently dangerous, the fine needed to serve as a deterrent. The fine was $5000 on each charge, uplifted to $6000 for previous offending. The Court also ordered the defendant pay costs of $18,005. Judgment Date: 25 June 2021.
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