Hammar New Zealand Limited

Court Summary - at a glance

Date of offence:
14 March 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$25,600

Safety lessons learned:
  1. To have provided up to date and model specific manual/instructions for the converted Swing Loader, particularly covering the use of the remote control unit, at the time of supply following the conversion in 2011 and the repairs in 2014;
  2. To have provided accurate electrical drawings as part of the updated manual/instructions;
  3. To have supplied the Swing Loader with accurate signage indicating safe zones, weight loads and markings on the manual levers.
  4. To have ensured that any testing and certification of the Swing Loader was documented and provided to the purchaser of the Swing Loader. 

Defendant name:
Hammar New Zealand Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
14 March 2016
 
Facts in brief:
On 14 March 2016 the victim was killed when working at the Port of Tauranga. The victim was operating equipment designed and supplied by the Defendant. The victim was picking up a 40 foot shipping container using a side loading truck and trailer unit when the side loader tipped and crushed him between it and an adjacent shipping container.
 
Related prosecutions:
 
Offence section:
Sections 18A(2) and 50(1)(a) of the Health and Safety in Employment Act 1992
 
Date charged:

Court:
Tauranga - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$25,600
 
Maximum fine available:
$250,000
 
Reparation:
$0