Sentencing — failing to ensure health and safety of workers — exposing workers to risk of death or serious injury — truck driver fatigue — rest breaks — Health and Safety at Work Act 2015, ss 3 & 151 — Companies Act 1993, s 308 — Stumpmaster v Worksafe New Zealand [2018] NZHC 2190 — Ocean Fisheries Ltd v Maritime New Zealand [2022] NZHC 3202 — NZ Police v Freightlines Ltd [2016] NZDC 16603 — WorkSafe New Zealand v Michael Vining Contracting Ltd [2018] NZDC 6971. The defendant company faced sentence on a charge of failing to ensure the health and safety of its workers, thereby exposing them to the risk of death or serious injury. It was a long haul trucking company that employed drivers to transport freight around the country. One of its drivers (the victim) was transporting a load of steel pipes from Auckland to Wellington late at night when he failed to take a curve and crashed. The victim suffered fatal injuries. He had not taken a rest break before starting the drive to Wellington; company policy had required him to do so, but the defendant did not strictly enforce this policy, and had a culture of silence that encouraged drivers to keep driving regardless of their energy levels. The Court considered that the defendant had significantly departed from industry standards and guidelines and had created a high risk of serious harm. Therefore the Court ordered reparations of $150,000 to the victim's mother, and a fine of $600,000. The fine was reduced for guilty plea, good prior safety record, ability to pay reparations, and contribution to costs. The final fine was $366,000, along with costs to the prosecutor of $23,916.44. Judgment Date: 14 May 2024