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Home / Rotorua Daily Post

Man fell off roof of house being moved on truck

By Katie Holland, katie.holland@dailypost.co.nz
Rotorua Daily Post·
19 Jul, 2013 09:30 PM3 mins to read

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A Rotorua house moving company - convicted after an employee fell off the roof of a house - has told a court a heavy fine would put it out of business.

The House Movers, which employs nine staff in Rotorua and six in Hamilton, has pleaded guilty to failing to ensure the safety of its employees and failing to notify the Ministry of Business, Innovation and Employment of serious harm suffered at work.

The charges relate to an incident last July when the company was transporting a house from Katikati to its Wikaraka St, Ngongotaha base. Metres from its destination, the house got caught in low wires and the foreman in charge of the operation climbed on to the roof. He slipped and fell to the ground, breaking his leg. It was unclear whether he was wearing a harness.

The ministry only became aware of the incident when an ACC claim was made the following month.

In the Rotorua District Court last week, The House Movers director Sydney Namana gave evidence there had been no need for the foreman to get on the roof as there was equipment available to remove any wires. A colleague at the scene had told him not to, he said. Mr Namana said at that time staff had not received formal safety training, but all had done so since.

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He said staff were "like a family" and the company had fully supported the injured worker, who was off work about six months. He was then given light duties for several months before he could resume normal work.

Mr Namana said it had been a tough few years for his company and, while its insurance would cover a reparation order, it would not cover fines.

The company's lawyer, Jonathan Temm, asked Mr Namana what a significant fine would mean for the business.

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"We would have to shut down," he replied. "It would be the end of us."

Judge Michael Behrens QC said there was a lack of evidence to support that - no financial statements were produced.

In cross-examination by ministry lawyer Catalijne Pille, Mr Namana said he did not report the incident as he was away at the time and assumed that had been done by a colleague.

Ms Pille said the offence was a strict liability offence, which meant the employee's conduct did not matter. She submitted the starting point for a fine should be $80,000, in addition to reparation.

Judge Behrens reserved his decision on sentence.

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