Sentencing — exposing an individual to risk of harm — health and safety consultant — Health and Safety at Work Act 2015, ss 36 & 48 — Stumpmaster v WorkSafe New Zealand [2018] NZHC 2020, [2018] 3 NZLR 881 — Department of Labour v Hanham & Philip Contractors Ltd (2008) 6 NZELR 79 (HC) — Zhang v R [2019] NZCA 507, [2019] 3 NZLR 648 — Wimpex Ltd v WorkSafe New Zealand [2019] NZHC 1978. The defendant company was to be sentenced after pleading guilty to a charge under the Health and Safety at Work Act 2015. The defendant company were health and safety consultants contracted by another company to provide an effective traffic management plan but had failed to do so. As a result of this failure, an employee of the contracting company (the victim) was hit by a telehandler causing serious injury. The victim had to spend three days in hospital recovering and was suffering ongoing health impacts. By the time of this hearing, the victim's employers had already been ordered to pay emotional harm reparation and consequential loss payments of $56,806 to the victim. The defendant was then ordered to pay the victim's employers half of that value. The defendant was found to be no less culpable than the victim's employers, and starting point for fine was set at $450,000. Discounts were granted for guilty plea, co-operating with the investigation and previous good character. The defendant was ordered to pay $70,000 in fines and $15,460.11 in prosecution costs. Judgment Date: 16 August 2024