Sentencing — failing to ensure health and safety of workers — fall from height — Health and Safety at Work Act 2015, ss 36(1)(a), 48(1), 48(2), 151(2) & 152-158 — Sentencing Act 2002, ss 14, 32, 38 & 40 — Stumpmaster v Worksafe New Zealand [2018] NZHC 2020 — Tuff Pallets Ltd v Department of Labour (2009) 7 NZELR 322 — Ocean Fisheries Ltd v Maritime New Zealand [2021] NZHC 20831 — Department of Labour v Hanham & Philp Contractors Ltd (2008) 6 NZELR 79 — Worksafe New Zealand v Armitage Williams Construction Ltd & Ors [2021] NZDC 16630 — Worksafe New Zealand v Forrest View High School Board of Trustees [2019] NZDC 21558 — Worksafe New Zealand v CentrePort Ltd [2019] NZDC 12020 — Worksafe New Zealand v 1962 Trees Ltd [2022] NZDC 26088 — Worksafe New Zealand v Kerr Construction Whangarei Ltd [2021] NZDC 22782 — Worksafe New Zealand v Build Northern Ltd [2019] NZDC 23940 — Worksafe New Zealand v Lindsay Whyte [2017] NZDC 28019. The defendant company appeared for sentence on one charge of failing to ensure the health and safety of its workers, thus exposing the workers to the risk of death or serious injury. The defendant was carrying out renovations to a home, which included adding a deck and putting a handrail around a terrace on the roof. A contractor who was working for the defendant fell off the terrace while conducting measurements for the deck. He fell three metres and suffered a broken collarbone and fractured hand. An investigation by the prosecutor showed that the defendant's safety documents did not mention the risk of falling from the terrace. There was also no edge protection in place at the time of the incident, and the employees had not been properly trained on working from height. The victim hadn't provided a victim impact statement, but going by the nature of the incident and the injuries suffered, the Court ordered reparations of $5000. The Court set a start point for fine of $300,000, and with reductions for payment of reparations, good prior record, willingness to participate in restorative justice, cooperation with investigation and remedial steps, the final fine was $150,000 plus costs of $614.24. Judgment Date: 6 December 2023.