Sentencing — failing to assess competence of workers — failing to ensure competence of workers — forestry — tree-felling — Stumpmaster v WorkSafe NZ [2018] NZHC 2020 — Health and Safety at Work Act 2015, ss 17-19, 35(1)(a) & 48(1). The defendant company appeared for sentence on charges of failing to assess and ensure the competence of workers. The defendant had been contracted to remove trees from a building site. In turn, it contracted an arborist and crew to carry out the work. Neither the arborist nor any of the crew members had undertaken large-scale tree removal before. While carrying out the work one of the crew members was hit by a falling tree and was seriously injured. The victim suffered permanent injury and had to give up some of his hobbies. As a result he suffered financial loss and emotional harm. The Court ordered reparations of $35,000 in their favour. The Court found the defendant had failed to properly assess the work required, had failed to ensure that the workers it contracted were capable of carrying it out, and did not have a complete health and safety plan for the work. These failures were highly risky given that forestry work is inherently hazardous, and would have been easy for the defendant to remedy. The Court found the defendant's culpability to fall between the medium and high bands set out in Stumpmaster, and set a start point for fine of $600,000. After discounts for cooperation with the investigation, payment of reparations and guilty plea, the final fine was $405,000. As the defendant had gone into liquidation since the accident, the Court made no order imposing the fine. Judgment Date: 12 December 2019.