Sentencing — exposing individual to risk of harm — Health and Safety at Work Act 2015, ss 36(1), 38(1), 48 & 151 — Sentencing Act 2002, ss 7-10 & 32 — Pegasus Engineering Ltd v WorkSafe New Zealand [2019] NZHC 2257 — Stumpmaster and Others v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Toll Networks (NZ) Ltd [2018] NZDC 11132 — Maritime New Zealand v Port of Auckland [2023] NZDC 26957 — WorkSafe New Zealand v Alto Packaging Ltd [2022] NZDC 6148. The defendant company appeared for sentence on a charge of exposing an individual to the risk of harm. One of its employees (the victim) was helping to load coal onto a ship when a large amount of the coal fell onto the wharf, striking the victim and causing him fatal injuries. Following the accident the defendant had given major financial support to the victim's family, and the Court decided that there was no need to order further reparations. However the Court found that shortcomings in the defendant's work systems, procedures and equipment had contributed to the accident. These shortcomings had what the Court termed "tragic" results, and the hazard had been obvious and known to the defendant. Further, it would have been cheap and easy for the defendant to have taken measures to prevent the accident. The start point for fine was $800,000. The offending was aggravated by the defendant's prior convictions for health and safety offending; in mitigation, the defendant had provided assistance to the victim's family, attended restorative justice, had made efforts to improve its health and safety practices, and had pleaded guilty. The total fine was $480,000, plus costs of $35,000. The Court also made an adverse publicity order to help educate other employers around the country. Judgment Date: 31 July 2024