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Home / Business / Companies / Freight and logistics

CentrePort fined after crushing death

NZME.
4 Jun, 2015 12:10 AM2 mins to read

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Mark Samoa (R) died after being caught between a forklift and cargo in a warehouse on January 20, 2013. Photo / Facebook

Mark Samoa (R) died after being caught between a forklift and cargo in a warehouse on January 20, 2013. Photo / Facebook

Wellington port company CentrePort is being sentenced over the death of a staff member who died in a warehouse accident.

Titahi Bay man and father-of-three Mark Samoa, 47, died after being caught between a forklift and cargo in a warehouse on January 20, 2013.

Mr Samoa was working inside because rain had forced the team to stop loading cargo on a ship.

Last month, Judge Bill Hastings found CentrePort guilty of failing to take all practicable steps to ensure Mr Samoa was not exposed to hazards.

He began delivering his sentence in Wellington District Court this morning.

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Judge Hastings said the purpose of reparation was "not to put a value on the loss of life" because that was impossible.

He said CentrePort had assisted Mr Samoa's family, paying some $12,000 towards his funeral costs, as well as wages, estate administration legal fees, and travel expenses for the family.

CentrePort also paid into a trust for the education of Mr Samoa's children.

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Judge Hastings said Centreport had paid some $142,000 in total.

CentrePort has been ordered to pay $15,000 reparation.

The company has also been fined $60,691.

Judge Hastings said the maximum fine was $250,000.

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New Zealand

'Death shouldn't be in the workplace'

04 Jun 05:10 AM

The company's lawyers suggested a starting point of around $75,000.

Judge Hastings said the company failed to take all steps to properly separate different tasks relating to stacking and labelling.

"The risk in the circumstances was indeed serious," Judge Hastings said.

He said companies could not allow carelessness to threaten workers.

The judge said Centreport knew the work Mr Samoa was doing was risky.

He said CentrePort now carried out regular health and safety checks and briefings.

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Judge Hastings said $85,000 was an appropriate starting point.

He said CentrePort's predecessor company was convicted involving an incident with a forklift and a pedestrian.

But he said CentrePort had no convictions since 1997 and had generally co-operated with prosecutors.

The company argued it should receive a discount for pleading guilty.

The Ministry of Business, Innovation and Employment -- which brought the charge -- and Judge Hastings had disagreed.

He said the company had shown remorse, no longer handled pulp, and reviewed its traffic management plan.

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The judge said he hoped this "remedial action" would be of some comfort to Mr Samoa's family.

Legal costs are now being discussed.

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