Country Nails and Beauty Limited

Court Summary - at a glance

Date of offence:
Between 2 March 2016 and 9 November 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$15,750

Safety lessons learned:
  1. Accurately label the bottles used to contain acrylic liquid on the site;
  2. Obtain safety data sheets for the substance or the equivalent level of information;
  3. Obtaining the substance from a supplier who provided information on its properties and risks.

Defendant name:
Country Nails and Beauty Limited
 
Industry:
Consumer
 
Date of offence:
Between 2 March 2016 and 9 November 2016
 
Facts in brief:
The defendant runs a nail bar and had been using a substance that contained Methyl-methyl ester/methyl methacrylate, known as MMA, to apply acrylic nails. MMA is banned for use in the cosmetic industry in New Zealand.

The defendant used the product over a 7 month period, exposing members of the public and workers to the health risks of MMA. Some of the MMA product had been decanted into a container that stated it contained “No MMA” which meant workers had no way of knowing the product contained MMA.

The defendant was charged with; two breaches of the Health and Safety at Work Act 2015, one breach of the Health and Safety in Employment Act 1992 and one breach of the Hazardous Substances and New Organisms Act 1996.
 
Offence section:
Sections 36(2), 49(1) and 2(c) of the Health and Safety at Work Act 2015
Sections 36(1)(a), 49(1) and 2(c) of the Health and Safety at Work Act 2015
Sections 15 and 50(1)(a) of the Health and Safety in Employment Act 1992
Sections 109(1)(e)(i) and 114(1) of the Hazardous Substances and New Organisms Act 1996
 
Date charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$15,750
 
Maximum fine available:
Fine not exceeding $500,000 (in respect of the Health and Safety at Work Act 2016 (HSWA) and Hazardous Substances and New Organisms Act 1996) and a fine not exceeding $250,000 in respect of the Health and Safety in Employment Act 1992 (HSE) Breach.
 
Reparation:
N/A