Chow brothers' court concession

Sex entrepreneurs John and Michael Chow have gained a concession in a court case against one of their companies after the Department of Labour was ordered to make its charges more specific.

Willis St Parking faces two charges under the Health and Safety in Employment Act relating to the demolition of the former Settlement Restaurant in Wellington's Willis St.

The Chow brothers, whose wealth stems from their sex and property development businesses, planned to build an apartment building and temporary car park on the site of the historic building, which is now vacant.

The Department of Labour alleges their company failed to take all practicable steps to ensure workers on the site were not harmed while the building was being demolished between January 19 and 21 this year - namely, that it failed to ensure asbestos was removed from an external wall, and failed to ensure a live 400 volt electricity cable was disconnected.

One charge relates to potential harm to a contractor from Concrete Drilling and Cutting Ltd, while the other relates to potential harm to a subcontractor from C and M Transport.

The charges carry a maximum penalty of $250,000.

Willis St Parking's lawyer, Noel Sainsbury, yesterday argued in Wellington District Court that the potential harms posed by the asbestos and the live electricity were two separate matters of different seriousness, and should be dealt with in different charges.

The department's lawyer, Greg La Hood, argued for the charges to remain as they were.

Judge Chris Tuohy today ruled two distinct harms were alleged in the charges and it could be duplicitous to cover both in a single charge.

He ordered the Department of Labour to set out the particulars of each harm in its charges.

The case returns to the court on December 20, when the department is expected to present its amended charges.