Rotorua Daily Post
  • Rotorua Daily Post home
  • Latest news
  • Business
  • Opinion
  • Lifestyle
  • Property
  • Sport
  • Video
  • Death notices
  • Classifieds

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • On The Up
  • Business
  • Opinion
  • Lifestyle
    • All Lifestyle
    • Residential property listings
  • Property
    • All Property
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
  • Rural
  • Sport

Locations

  • Tauranga
  • Te Puke
  • Whakatāne
  • Rotorua
  • Tokoroa
  • Taupō & Tūrangi

Media

  • Video
  • Photo galleries
  • Today's Paper - E-Editions
  • Photo sales

Weather

  • Rotorua
  • Tauranga
  • Whakatāne
  • Tokoroa
  • Taupō

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In

Advertisement
Advertise with NZME.
Home / Rotorua Daily Post

Foreman's fine over forestry death cut by $20,000

Rotorua Daily Post
11 Mar, 2015 06:07 AM2 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save
    Share this article
Major Nelson

Major Nelson

A forestry foreman who felled a tree that killed his mate has had his $35,000 fine quashed, and replaced with a fine of $15,000.

Major Nelson went to the High Court in February to appeal his sentence, after earlier pleading guilty to a charge under the Health and Safety in Employment Act that, being an employee, he failed to take all practicable steps to prevent an action of his at work, namely felling a tree, from causing harm to 23-year-old Robert Ruri-Epapara.

Mr Ruri-Epapara was hit by a tree felled by Nelson in the Waione Forest, near Lake Rotoiti, on March 26, 2013.

Nelson was fined $35,000 and ordered to pay reparation of $15,000.

He was also a director and 40 per cent shareholder in Complete Logging, which was fined $60,000 and ordered to pay reparation of $75,000.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

In her decision Justice Patricia Courtney found the fine was "disproportionate to the offending and [was] manifestly excessive".

She said it was an "unusual combination of factors" where Nelson was fined, as well as being a shareholder in the company which was fined.

"...In the circumstance of this case, it would have been right to take the effect of the fine on the company into account when assessing whether the overall penalty was proportionate to the offending and to Mr Nelson personally."

Advertisement
Advertise with NZME.

She said it was not possible to consider Mr Nelson's personal financial circumstances without recognising the effect of the fine paid by the company.

She said a fine of $35,000 would take "a very long time to pay" and at $100 a week could take 15 years.

She considered a fine that could be repaid over a period of five years would reflect fairly the seriousness and believed $15,000 was a more appropriate figure.

During the appeal lawyer Hamish Evans argued that Nelson's $35,000 fine, in particular, be reduced to something in the region of $10,000.

Mr Evans said it was unusual for a company, as well as an employee, to be fined in such cases.

Rotorua Crown solicitor Amanda Gordon said it was important that the fine was large enough to do what it was designed to do.

Save
    Share this article

Latest from Rotorua Daily Post

Rotorua Daily Post

How a cop beat a $70 parking ticket in court after app wouldn't let him pay

Rotorua Daily Post

Ōhope's most expensive home? Bach by NZ's best beach has expats excited

Rotorua Daily Post

Q&A: Rotorua ward candidates name their key issues, 10-year vision


Sponsored

NZ’s convenience icon turns 35

Advertisement
Advertise with NZME.

Latest from Rotorua Daily Post

How a cop beat a $70 parking ticket in court after app wouldn't let him pay
Rotorua Daily Post

How a cop beat a $70 parking ticket in court after app wouldn't let him pay

He felt obliged to fight the fine 'on behalf of his colleagues, friends and the public'.

05 Sep 07:00 PM
Ōhope's most expensive home? Bach by NZ's best beach has expats excited
Rotorua Daily Post

Ōhope's most expensive home? Bach by NZ's best beach has expats excited

05 Sep 06:00 PM
Q&A: Rotorua ward candidates name their key issues, 10-year vision
Rotorua Daily Post

Q&A: Rotorua ward candidates name their key issues, 10-year vision

05 Sep 05:00 PM


NZ’s convenience icon turns 35
Sponsored

NZ’s convenience icon turns 35

02 Sep 09:23 PM
NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • Rotorua Daily Post e-edition
  • Manage your print subscription
  • Manage your digital subscription
  • Subscribe to Herald Premium
  • Subscribe to the Rotorua Daily Post
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • Rotorua Daily Post
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP