Published 18 August 2022
Sentencing — negligent — "electrical installation" — dangerous to life — Electricity Act 1992, ss 2 & 163D — Electricity (Safety) Regulations 2010, sch 1. The defendant faced a charge of negligently doing work on an electrical installation in a manner that was dangerous to life. He had undertaken a number of tasks, including installing two outdoor sockets to supply power to a spa pool, modification of an extension cable and connecting up an underfloor thermostat. The defendant had previously been registered as a trainee electrician but at the time of the offending was not a registered electrician, and therefore not permitted to carry out prescribed electrical work. The Electrical Workers' Registration Board ("EWRB") oversees the registration of people carrying out prescribed electrical work in New Zealand. The EWRB received a complaint about the defendant after he carried out electrical work at a property. The Judge recognised a number of aggravating factors to the offending including the duration and scope of work undertaken, the degree of negligence and the significant threat to life through electrocution that arose from the defendant's work. The defendant's unlicensed status and failure to provide a certificate of compliance were further aggravating features of the offending. The Court found the offending to be more serious than the majority of cases and adopted a starting point for a fine of $5000.The defendant had made an early guilty plea and received the full 25 per cent discount, but failed to participate further in the proceedings. The final fine for the defendant was $3,750 along with costs of $130 and solicitor costs of $226. The Judge directed 90 per cent of this to the EWRB to compensate for the investigation undertaken. Judgment Date: 11 February 2022
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