Sentencing — failing to ensure health and safety of workers — exposing workers to risk of death or serious injury — farm work — faulty gate — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020, [2018] 3 NZLR 881 — Department of Labour v Hanham & Philp Contractors Ltd (2008) 9 NZELC 93,095, (2008) 6 NZELR 79 — WorkSafe New Zealand v Ikon Homes NZ Ltd [2019] NZDC 16134. The defendant appeared for sentence after pleading guilty to a charge of failing to ensure the health and safety of its workers, thereby exposing its workers to the risk of death or serious injury. The defendant managed several dairy farms. The incident giving rise to the charge occurred when a gate on one of the farms came off its rails. While two workers were attempting to manually put the gate back on the rails the gate fell over, landing on one of the worker (the victim), resulting in serious injuries to the victim and minor injuries to the other worker. The fault with the heavy gate was known and had previously been able to be remedied without having to lift the gate. However, in this instance the chosen method of reattaching the gate was to manually lift the gate, despite company guidelines and WorkSafe Good Practice Guidelines specifying that mechanical means should be used where heavy lifting is involved. Based on medical evidence and the contents of the victim impact statement, the Court ordered $30,000 in reparations to the victim, as well as $16,072.82 in consequential loss. The Court observed that the injury to the victim could easily have been fatal and that the defendant had failed to properly maintain the gate, thereby giving rise to a foreseeable risk of serious harm. The start point for fine was $425,000, which was reduced to $270,937 for the defendant's guilty pleas, payment of reparations, previous good character, and cooperation with the investigation. The Court also ordered prosecution costs of $646.10 and court costs of $130. Judgment Date: 27 May 2020.