A spokesman for the ministry responsible for workplace health and safety, Murray Thompson, said the accident was completely avoidable.
"It is such a simple and obvious thing to do to warn workers or put adequate protection around the edge of holes like this - failure to do so in this case has significantly and unnecessarily injured a worker.
"The construction sector is one of New Zealand's most dangerous and the ministry has a nationwide programme in place to educate employers and employees on the dangers of falls from heights. Work at height must be actively managed so that people are not harmed or killed as a result. Doing nothing is not an option."
Ebert was fined $33,750 and ordered to pay $29,000 in reparations to the work when it appeared before Auckland District Court yesterday.