Sentencing — workplace safety — failing to ensure the health and safety of workers — serious injury — WorkSafe New Zealand v KNCC Ltd [2020] NZDC 9928 — Health and Safety at Work Act 2015, s 48 — Stumpmaster v Worksafe New Zealand [2018] NZHC 2020 — WorkSafe New Zealand v Lindsay Whyte Painters and Decorators Ltd [2017] NZDC 28091 — East by West Company Ltd v Maritime New Zealand [2020] NZHC 1912. The defendant was a construction company that specialised in building high-rise apartment buildings. The victim was a loading crane operator who was instructed to lift a stack of plastic construction sheets off a truck. A teenage temporary employee was instructed to help the victim, despite not being trained for the task, and after loosely strapping the load the victim used the crane to lift the load into the air. As it was being lifted, the load collided with another stack of material which caused the load to fall and hit the victim in the face, causing serious injuries that required surgery. The defendant company had not carried out a risk assessment for this kind of task, nor was it identified as a hazard. After consulting case law, the Court ordered $20,000 in reparation to the victim, plus an extra $11,882 for the financial loss due to the victim being on ACC for over a month. The defendant was also ordered to pay $1,390.78 for the prosecution's legal costs. A starting point for fine was set at $550,000, which was uplifted by 10 per cent for the defendant's previous convictions. Discounts were then applied for an early guilty plea, cooperation, remorse, and the fact that defendant was ordered to pay reparation. There were concerns over the defendant's ability to pay as it had reported significant losses over the last few years, so the fine was dropped further to $240,000 to be paid in installments of $5,000 per month over four years. Judgment Date: 19 April 2023.