Jake William
Duncan, 23, of Pakipaki near Hastings, was struck by a log which came loose and hurtled more than 300m down a hill at Tangoio, north of Napier, in June 2021.
Duncan was “breaking out” at the time, a hazardous operation where felled logs are connected to a haulage machine for extraction.
The log which struck him had been placed as a “plug” - a bridge for other logs to slide over - when it gave way.
Logged on Logging 2020 Ltd was prosecuted by WorkSafe which said its pre-harvest risk assessment listed only two hazards for the entire site and did not properly consider the risks of the plugged log coming free.
It pleaded guilty to failing to ensure the health and safety of its workers, including Duncan.
WorkSafe has now released two reserved decisions by Napier District Court Judge Geoff Rea on sentencing and reparation in the case.
Judge Rea said the tragedy on the logging site had led to “considerable anguish, sadness and despair amongst the family and wider friends and acquaintances of the deceased and undoubtedly amongst his workmates as well”.
But he said prosecution and defence counsel had accepted that no fine could be imposed on the company because it was in liquidation and “has no ability at all to meet a fine”.
Companies Office records show that Logged on Logging 2020 Ltd was placed in liquidation in October 2023, more than two years after Duncan was killed.
However, Judge Rea, in the sentencing decision dated last December, said that $130,000 in reparations to Duncan’s family could be ordered at that time because of insurance cover.
“I think it is important ... to say that it may seem incongruous on the one hand that $130,000 plus consequential loss can be awarded and [the company] has finance to do it, but there is no finance available for a fine.
“The reason why the reparation and consequential loss can be met is because of ongoing insurance ... That of course does not cover a situation in relation to a fine.”
The maximum fine available would have been $1.5 million.
In the second decision, dated in August, Judge Rea added $202,187 for consequential loss to the amount to be paid. He also awarded court costs of $3310.
WorkSafe said that it was focusing on the forestry industry because its fatality rate was nearly 20 times higher than the average for all industries.
“Jake Duncan was a treasured father, partner, son, brother and friend. The forestry industry owes it to whānau to ensure workers get home safely each day,” said WorkSafe’s area investigation manager Paul Budd.
“Jake Duncan’s workmate only survived because he jumped in the opposite direction as the log came down the hill,” he said.
“The terror the two men must have endured as they saw the log coming towards them is unthinkable.”
Ric Stevens spent many years working for the former New Zealand Press Association news agency, including as a political reporter at Parliament, before holding senior positions at various daily newspapers. He joined NZME’s Open Justice team in 2022 and is based in Hawke’s Bay.
