Published 25 August 2023
Sentencing — failing to ensure health and safety of workers — failing to eliminate or minimise risks to health and safety — name suppression — Health and Safety at Work Act 2015, s 151(2) — Stumpmaster v Worksafe New Zealand [2018] NZHC 2190 — Prestige Adventure Ltd [2021] NZDC 23484 — Worksafe New Zealand v Shore Living [2021] NZDC 13214. The defendant was for sentence on one charge of failing to ensure the health and safety of workers. He had been the sole director of a painting company, that had since gone into liquidation. He had subcontracted another company to paint a house. While undertaking the painting job, the subcontractor's sole director (the victim) fell off the roof onto a concrete patio and suffered fatal injuries. The victim was not wearing a safety harness at the time; the defendant had given him one, but had not checked to make sure that he was wearing it. The Court ordered reparations of $85,000 to the victim's wife and $15,000 to his son. The Court added that it would have ordered higher reparations had the defendant been in a stronger financial position. There were also consequential loss payments to the victim's wife and son. In assessing the amount of fine, the Court found that the defendant had carried out no risk assessment and had not ensured that the victim used the safety equipment provided. The notional start point for fine was $100,000, reduced to $50,000 for the defendant's guilty plea, reparations payments, good character, cooperation with the investigation, and remorse. However the Court declined to impose payment of the fine as the defendant had no means to pay. The defendant sought name suppression but the Court did not grant it, finding no evidence that publication of the defendant's name would cause him extreme hardship. Judgment Date: 27 July 2022.
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