An Auckland man who was shocked by a 25,000-volt powerline while doing overnight work at the Parnell railway station needed three surgeries and skin grafts for serious burns to his head and upper body.
A co-worker also suffered burns to his face, neck, chest and wrists, though his injuries were less life-altering.
Their tribulations were detailed to an Auckland District Court judge today as KiwiRail was sentenced for workplace safety breaches discovered during an investigation into the September 2024 incident.
The most seriously injured worker stood before Judge Nevin Dawson as a supporter read aloud his victim impact statement, which described ongoing “pain, stress and emotional harm” a year and a half later.
“I’m reminded of this because of the scars I carry,” he wrote, explaining that his injuries have been especially hard on his wife and young daughter.
The family settled in New Zealand in 2022.
“We do not have family support here, which has made the situation all the more challenging,” he wrote, adding that he had also gone into significant debt because of his injuries.
Judge Dawson ordered KiwiRail to pay the man $36,000 in emotional harm reparation, in addition to the missed wages he has already been paid. The state-owned enterprise was ordered to pay the other worker $6200.
For the two counts of failing to keep an individual safe, KiwiRail faced fines of up to $1.5 million.
The incident, which occurred about 1am, caused widespread commuter delays later that morning. KiwiRail said at the time that the workers were hurt when a maintenance vehicle they were in came into contact with the overhead powerlines.
Power had been isolated in areas where crews were doing routine maintenance.
But the victims – an electrician and an assistant linesman subcontractor, accompanied by a supervisor – had strayed well outside the area, defence lawyer Mark Campbell told the judge today. They were raised inside a steel cage to an overhead electrical line that, unknown to them, still had electricity running through it.
Campbell said KiwiRail had followed the industry standard by isolating work areas so that there was no chance of electrocution to workers within those areas. Staff were briefed on the isolation areas, there was a safety zone around the areas where electricity was also turned off, and the spots were marked by yellow cables.
He described the precautions in place as “a sophisticated and generally effective safety system”.
“They made a mistake,” he replied when the judge asked him several times if he was victim-blaming. “I’m not saying that any of the workers bear the responsibility for this.”
The judge told him to move on.
Prosecutor Angus Everett, representing WorkSafe, pointed out that the assigned team supervisor did not have the appropriate licence to supervise a team in New Zealand, although he’d previously had supervisory roles overseas.
KiwiRail should have had better demarcation regarding where the safety zone ended, he said.
“These are fundamental controls that could have been taken by KiwiRail ... to prevent the incident.”
He noted that KiwiRail had already identified necessary changes after another workplace incident, which “they could and should have followed”.
“They weren’t followed.”
After the accident, KiwiRail ceased all maintenance work for several weeks as it reviewed the situation. It has since implemented more rigorous ways of marking areas where the safety zones end.
WorkSafe sought a $500,000 starting point for the fine before factoring in reductions for a guilty plea and other matters. KiwiRail suggested a $300,000 starting point.
The judge ordered a $425,000 starting point before allowing reductions of 25% for a guilty plea, 5% for reparation already paid to the victims and 5% for remorse and co-operation with the investigation.
It resulted in an end fine of $290,000.
The judge pointed to KiwiRail’s previous convictions for health and safety breaches in 2025, 2023, 2020 and two in 2015.
Given the amount of electricity running through the lines, there was a very high risk of a fatal outcome if proper procedures were not followed, Judge Dawson said, adding that the employees were entitled to rely on their employer for their safety.
“It was an abuse of authority.”
Craig Kapitan is an Auckland-based journalist covering courts and justice. He joined the Herald in 2021 and has reported on courts since 2002 in three newsrooms in the US and New Zealand.
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