Sentencing — failing to ensure safety of workers — exposing workers to risk of death or serious injury — mining accident — rockfall — geotechnical information — slope stability — hazard management plan — Health and Safety at Work (Mining Operations and Quarrying Operations) Regulations 2016 — Health and Safety at Work Act 2015, ss 3, 22, 36, 48, 151(2), & 152-158 — Sentencing Act 2002, ss 7-10 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020 — Moses v R [2020] NZCA 296 — Department of Labour v Hanham & Philp Contractors Ltd (2008) 6 NZELR 79 — WorkSafe New Zealand v Blackstump Logging Ltd [2020] NZDC 5105. The defendant appeared for sentence on a charge of failing to ensure the safety of its workers, thereby exposing them to the risk of death or serious injury. It was a mining company that was engaged in extracting from an opencast mine; however it had failed to obtain geotechnical information on the mine as extraction progressed, and to comply with the requirement to have a principle hazard management plan for the unstable ground. Subsequently a rockfall occurred, injuring one of the defendant's employees (the victim) who had been engaged in excavating work. The victim suffered major and ongoing injuries. The cause of the rockfall was not clear, and could not be shown to have caused by any actions of the defendant; therefore no reparations were payable to the victim. The Court assessed the defendant's culpability as being just below the mid-level of the medium band and set the start point for fine at $350,000. The offending was mitigated by guilty plea, cooperation with the investigation, previous good safety record and remorse. The defendant was in a dire financial position, so the Court decided to impose a final fine of $21,000 along with costs. Judgment Date: 31 August 2020.