Record fine after workplace accident

A record fine has been handed down to Taranaki Recyclers for failing to prevent Ben Hekenui's workplace accident last year.

Mr Hekenui, 37, lost both his legs when he became trapped in an automatic baler press at the Katere Rd, New Plymouth, site in April last year.

The former representative sportsman sat in a wheelchair, his arms hanging over the bar of the public gallery in the New Plymouth District Court yesterday, to hear Judge Allan Roberts fine Taranaki Recyclers $100,000 on two charges of breaching the health and safety regulations of the Employment Act.

The maximum fine on each charge was $250,000.

As well as the record Taranaki fine, Mr Hekenui's former employers have been ordered to pay him $76,900 in reparation.

The fine and accompanying personal payments dwarf those handed down to Manawatu Waste Limited in 2006 when it was fined $10,000 and ordered to pay $30,000 to Chris Fromont who lost both legs and his left arm after he became trapped in an industrial shredder in New Plymouth.

Judge Roberts lambasted the directors of Taranaki Recyclers for not disclosing to Mr Hekenui at a restorative justice meeting in February that they had in fact sold the business and their company was heading into voluntary liquidation.

"You people were holding cards you were not disclosing," he told defence counsel Shafraz Sahu Khan. "Was that a fair approach to what was supposed to be a fair and open process?"

He went on to say the directors Ian Cooper and Grant Lester - had not acted "in good faith".

Judge Roberts also questioned Mr Khan's submission that ACC would be able to provide any future financial loss Mr Hekenui suffered. He later commended Mr Hekenui's conduct post-accident, saying his "standing in our community is well documented."

Earlier, Department of Labour counsel Phil McCarthy described Taranaki Recyclers' health and safety policy as "ad hoc". He said the company lacked any hazard identification policies and had inherited a health and safety manual from the company's previous owner that had sat on the shelf "gathering dust".

Mr Khan hit back, telling the court that Mr Hekenui had been warned and told to never climb on the baling machine four months before the accident.

He conceded, however, that company directors were naive to think its health and safety policies were adequate.

Taranaki Recyclers' financial position was then touched on, with Mr Khan saying it was about to be liquidated and was in no position to pay a fine.

Outside court, Mr Cooper said they would honour the reparation payment to Mr Hekenui, with $45,000 already handed over yesterday. He was unclear when the rest would be paid.

"I'm not sure how long it will take but it will certainly be made," he said.

He would not comment on how long it would take to pay the fine.

Mr Hekenui continued to hold no malice to his former employers following the sentence.

"I'm just glad it's finally over and we can all move on," he said.

He said he never arrived at court with any monetary figure in mind.

"Prevention is still a big thing for me. I don't want anyone else going through this, you know, it's not a very good feeling for both sides. We [former bosses] are still friends, we'll move on. They are the ones who got me up here with a job and I feel like I should thank them for doing that."

- © Fairfax NZ News