Published 01 October 2019
Sentencing — workplace injury — failed to ensure as far as reasonably practicable the health and safety of workers — Electricity Act 1992, s 163 — Health and Safety at Work Act 2015, ss 2, 36, 48 & 152 — Electricity (Safety) Regulations 2010, reg 17 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v McRae [2019] NZDC 22096. The defendant appeared for sentencing having pleaded guilty to one charge under ss 36(1)(a), 48(1) and (2)(a) Health and Safety at Work Act and one charge under s 163C Electricity Act and reg 17 Electricity (Safety) Regulations. The charges related to an incident where the defendant failed to ensure as far as reasonably practicable the health and safety of the victim, a young man undertaking casual work for the defendant tree-trimming on the defendant's property. The defendant hired the victim to trim trees following two notices from the power company informing the defendant that his trees had grown too close to the powerlines and required trimming by a trained arborist. The victim was not trained and did not have the appropriate tools or attire. He suffered a serious electric shock from the lines that caused significant physical and psychological injury, requiring hospitalisation and two months off work. The defendant undertook no hazard assessment, and didn't check any guidelines or provide any necessary or appropriate equipment. The Judge, applying the Stumpmaster decision, assessed the reparations owed at $25,000. This was reduced to $20,000 to acknowledge the almost $5,000 the defendant had already paid the victim in ACC top-ups. The Judge fixed the starting point for the fine at $100,000 but granted a discount of 20 per cent for good work history, good character, remorse and co-operation. A further 15 per cent was discounted for the defendant's (late) guilty plea. The end sentence was reparations of $20,000, $65,000 in fines, $21,476 in prosecution costs and 60 hours community work (for the breach of the Electricity Act). Judgment Date: 21 May 2019.
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