Sentencing — failing to ensure health and safety of workers — Health and Safety at Work Act 2015, ss 3, 36(1)(a), 48(1), 48(2)(c), 151 & 152-158 — Sentencing Act 2002, ss 7, 8 & 32 — Stumpmaster v Worksafe New Zealand [2018] NZHC 2020 — Department of Labour v Hanham and Philip Contractors Ltd (2008) 6 NZELR 79 — Worksafe New Zealand v Kimberley Tool & Design (NZ) Ltd [2019] NZDC 16489 — WorkSafe New Zealand v Otago Polytechnic [2020] NZDC 11114. The defendant egg-packing company faced sentence on a charge of failing to ensure the health and safety of its workers. One of the defendant's employees suffered an amputated thumb while cleaning machinery. The defendant had failed to properly lock and guard the machine in question. Further, the defendant's work safety documentation made no mention of the risk of this type of injury; in any case, the victim had never been shown the safety documentation. The Court began by setting reparations to the victim, and ordered the defendant to pay $119.80 in consequential losses and $30,000 in emotional harm payments. To reach an appropriate fine, the Court was to determine the defendant's culpability. The Court considered that the defendant had had proper regard to its health and safety obligations. However the accident was the result of a material departure from industry standards, and the defendant's health and safety practices at the time of the accident had been inadequate. The start point for fine was $400,000, and reductions for guilty plea, co-operation, remorse, payment of reparations, remedial steps and prior good character, the final fine was $200,000. The Court also ordered costs of $7184.40 to WorkSafe. Judgment Date: 23 May 2022.