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Home / New Zealand

Mixed views over punishment for worker's death

John Weekes
By John Weekes
Senior Business Reporter·NZME.·
4 Jun, 2015 05:10 AM3 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

Devastated family members mourning the loss of their "rock" have mixed views about the punishment delivered to a port company over his death.

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

Judge Bill Hastings today ordered CentrePort to pay $15,000 reparation and a fine of $60,691.

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

Mr Samoa's sister Rhonda said despite her family's devastation, she was largely happy with today's sentencing.

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"...For us to lose Mark in this tragic circumstance, I wouldn't wish that on anyone. It's just the worst thing," she said after the sentencing at Wellington District Court.

She said each member of the family went through their "own private little hell" following her brother's death.

Ms Samoa said when Mark died, it wasn't clear what sort of investigation might happen.

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The Ministry of Business Innovation and Employment (MBIE) prosecuted the port company.

"If it wasn't for MBIE...we wouldn't have this outcome today," Ms Samoa said. "I'm very pleased this case was brought before a judge."

She said she hoped other companies took notice of today's sentencing and she was "disgusted" when she heard of deaths at other ports.

"Death shouldn't be in the workplace. We have every right to go to work and try to earn a [living] for our families and make good lives for ourselves. We have every right to be safe and free from such dangerous hazards," she added.

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"No-one gets paid enough to put their life at risk."

In court, Mark was described as the "rock" of his family.

"The judge summed it up really well. He's a thoroughly good man, really fair," Ms Samoa said.

Mr Samoa's daughter Gemma Allen felt the reparation was insufficient.

"I don't think it's enough. But there's no price on my dad's life. It's been just hard without him. But we're all getting by and supporting each other. I'm glad that I've got my brothers here as well so I'm just trying to be more supportive of them."

Mark's sons Cale and Maleko were among the family at court today.

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Gemma said she doubted the sentence would help the family and thought the financial penalties were a "tap on the hand."

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 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.

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

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

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

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

CentrePort said it accepted the sentence.

"CentrePort regrets the accident and apologises to Mark's family and loved ones.

It followed 15 years of incident-free pulp handling operations and demonstrated the

potentially tragic consequences when human error and an unforeseen gap in standard

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operating procedures combine," the company said in a statement.

"The thoughts of all the team at CentrePort continue to be with Mark's family," CentrePort chief executive Blair O'Keeffe said.

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