Heritage Lifecare Ltd (trading as Cantabria Lifecare and Village) is facing a charge brought by WorkSafe relating to its smoking policy. Photo / Kelly Makiha
Heritage Lifecare Ltd (trading as Cantabria Lifecare and Village) is facing a charge brought by WorkSafe relating to its smoking policy. Photo / Kelly Makiha
A Rotorua rest home will go on trial in October after WorkSafe brought a charge alleging failings with its smoking policy, following the death of a resident after a fire.
Heritage Lifecare (trading as Cantabria Lifecare & Village) has denied the charge it exposed an individual to a risk ofserious injury or death arising from exposure to the hazards associated with smoking.
The business was charged following the death of Thomas Edward Callaghan, 73, in December 2021.
Callaghan died from critical burns the day after a fire in the Old Taupō Rd rest home on December 29, in what the business described at the time as a “smoking accident”.
The case has been called several times in the Rotorua District Court since the WorkSafe charge was brought in December 2022.
Last week, Judge Greg Hollister-Jones set a trial start date for October 5. The trial was expected to take five weeks.
WorkSafe’s charging document, supplied to the Rotorua Daily Post, alleged the business committed an offence under the Health and Safety at Work Act 2015.
The charge carries a maximum penalty of a $1.5 million fine.
Specifics on the charging document said the business, as an age-related residential care service, had a duty so far as is reasonably practicable to not put at risk the health and safety of residents.
The document alleged the business failed to comply with that duty and the failure exposed residents, including Callaghan, to a risk of serious injury or death arising from exposure to the hazards associated with smoking.
Rotorua courthouse. Photo / NZME
Particulars in the charging document said it was reasonably practicable for Heritage Lifecare (trading as Cantabria Lifecare & Village) to develop, maintain and monitor an effective safe system of work for managing risks associated with residents smoking, “including risks posed by Thomas Callaghan smoking”.
It also said it was reasonably practicable for the business to provide and maintain a safe environment for residents by ensuring that residents only had unsupervised access to lighters, matches or cigarettes if this was safe, taking into account any individual risk factors.
It also said if unsupervised access was unsafe, residents were to be supervised while smoking and smoking should not occur inside.
Cantabria Lifecare & Village is facing a charge in the Rotorua District Court brought by WorkSafe over its smoking policy, following the death of a resident after a fire. Photo / Kelly Makiha
The Rotorua Daily Post reported at the time of the 2021 incident that an elderly man was critically injured after a room caught fire about 9.40pm.
He died in Rotorua Hospital from his injuries the following morning.
He was the only person injured in the fire and his death was reported to the coroner. The case remains before the coroner.
Stuff reported a statement from Heritage Lifecare at the time, which said the resident suffered burns following a “smoking accident”.
The statement said the carers at Cantabria did all they could to help, but were unable to save him.
The Ministry of Health said at the time Cantabria Lifecare & Village had 236 beds and provided geriatric, medical, physical, intellectual and dementia care.
Heritage Lifecare currently operates 42 care homes and 20 villages nationwide, from Northland to Invercargill, according to its website.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.
