Sentencing — failing to ensure health and safety of other persons — failing to conduct appropriate risk assessment — Health and Safety at Work Act 2015 — Sentencing Act 2002, ss 7-10 —Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020, [2018] 3 NZLR 881. The defendant company was to be sentenced after being found guilty of a charge under the Health and Safety at Work Act, of failing to ensure health and safety of other persons. It operated a ski field and one of its trails was located near a reservoir, which was bordered by a fence made of tall wood posts and wire. The victim had skied on this particular trail and collided with one of the posts and died on the scene shortly thereafter. It was agreed by the parties that the defendant would pay $130,000 in emotional harm reparation, and an order was made to that effect. The Court reasoned that the defendant's culpability was in the medium to high range and set a starting point of a $550,000 fine. Discounts were granted for the defendant's cooperation during the investigation and the reparation payment. The end sentence was a $440,000 fine. The defendant was also ordered to pay $28,000 in costs. Judgment Date: 10 October 2023.