Safety in the workplace — bin lifter — failing to ensure work safety — Health and Safety at Work Act 2015 — Worksafe New Zealand v Stumpmaster [2019] DCR 61; [2018] NZDC 900 — Maritime New Zealand v Nino's Ltd [2020] NZDC 2536. There were two defendants in this decision. The first defendant was the holding company of the second defendant, which was the legal owner of the plant where the victim worked as a cleaner. The defendants were both sentenced for the part they played in the victim's death. The victim was found caught between a bin and a bin lifter column. It was found that he attempted to use the bin lifter to clean a piece of equipment at a higher level. $130,000 was ordered as the amount for emotional harm reparation. $20,000 had already been paid. The amount was divided 60 per cent to the victim's wife and 40 per cent to the victim's daughter. The Judge noted that money can never compensate for the loss of a life. $15,000 was ordered to be paid by the first defendant for consequential loss. The Judge then considered the level of the fine. It was found that prior to the incident no risk assessment had been done for the bin lifter, and there was a hazard register but this was not provided to the second defendant. Although the machine was not meant to be used for cleaning, other employees had used it this way. The Judge found there was a moderate degree of departure from industry practice. The defendants were ordered to pay $170,000 each, and were also ordered to pay $5,000 each for costs. Judgment Date: 4 July 2022