Sentencing — failing to ensure health and safety of workers — "remedy" — Health and Safety at Work Act 2015, ss 3, 36(1)(a), 46(2)(c) & 48(1) — Sentencing Act 2002, s 7 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Department of Corrections [2016] NZDC 24865 — Ocean Fisheries Ltd v Maritime New Zealand [2021] 3 NZLR 443 — WorkSafe New Zealand v Ports of Auckland [2020] NZDC 25308 — WorkSafe New Zealand v Vehicle Inspection New Zealand Ltd [2021] NZDC 3036 — WorkSafe New Zealand v Shore Living Ltd [2021] NZDC 13214 — WorkSafe New Zealand v Kiwi Lumber (Masterton) Ltd [2020] NZDC 19117 — WorkSafe New Zealand v Eastern Agricultural Limited [2019] NZDC 2003. The defendant company faced sentencing 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. A worker at the defendant's food-packaging factory had become caught in a machine and he received fatal crush injuries. The rollers on the machine were not adequately guarded, meaning that there was nothing to stop employees from getting too close to the rollers and being pulled into the machine. The defendant had been warned of the risk in several previous assessments, but had not taken remedial action. The Court began by assessing emotional harm reparations for the victim's family, and ordered a payment of $130,000, less the $100,000 that the defendant had already voluntarily paid the family. As important evidence relating to consequential loss had only just become available, the Court reserved its decision on this issue and would make an order in chambers. In terms of fine, the Court assessed the defendant's culpability as being at the upper end of high, with a start point of $800,000. This amount was uplifted by $40,000 for previous offending and then discounted for remorse, cooperation with the investigation, payment of reparations, remedial actions and guilty plea. The final amount of fine was $480,000, plus costs of $6163.96. Judgment Date: 6 April 2022