Sentencing — failure to ensure safety of workers — exposing individual to risk of death — container ship — voluntary reparation — Health and Safety at Work Act 2015 ss 36(1)(a), 48, 151 & 153 — Sentencing Act 2002, s 35 — Stumpmaster v WorkSafe New Zealand [2018] 3 NZLR 881 — WorkSafe New Zealand v Port of Auckland [2020] NZDC 35308. The defendant company was to be sentenced after pleading guilty to charges laid under the Health and Safety at Work Act 2015. The victim was employed by the defendant company as a stevedore lasher and was helping unload a container ship that was docked at one of the defendant's cargo terminals. One of the port cranes was lifting two containers when a third container was accidentally lifted as well. The third container detached and crushed the victim, killing him and injuring another. After this event, the defendant had entered into a private arrangement with the deceased victim's family to voluntarily provide reparation. The Court reasoned that this arrangement was sufficient, and declined to make any further orders of reparation to the deceased victim's family, but made an order for the defendant to make an emotional harm payment of $20,000 to the second injured victim. The Court reasoned that the defendant's offending was at the highest range of culpability and set a starting point for the fine at $850,000, then uplifted that by 10 per cent for the defendant's poor health and safety record. A 40 per cent discount was applied for the defendant's guilty plea, co-operation and remorse, making the end fine that of $561,000. The defendant was also ordered to pay $90,000 in costs and to publish an adverse publicity notice. Note: for current suppression orders see Maritime New Zealand v Gibson [2024] NZDC 27975. Judgment Date: 1 December 2023