Published 29 July 2022
Sentencing — carrying out building work except in accordance with a building consent — vicarious liability — Building Act 2004, s 40. The defendant company appeared for sentence on a charge of carrying out building work except in accordance with a building consent. It had been acting as head contractor in the construction of a new commercial building, and had engaged many persons to work on-site. During construction it was discovered that steel reinforcing bars in the floor had been cut in a way that would have made the building unsafe when finished. The defendant then carried out remedial work to make the building safe and compliant with code and design. The remedial work cost the defendant over a million dollars. The offending was aggravated by high culpability, potential for serious harm, and risk to the public. The start point for fine was $60,000. With reductions for a delayed guilty plea, cooperation with the investigation and previous good character, the final fine was $39,000. Judgment Date: 28 April 2021.
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