Demolition debris fell onto neighbouring property, court told
A company doing demolition work on a property at Lyttelton has been fined $16,875 because debris fell onto the neighbouring property.
No-one was injured in the November 2013 incident, but the company, Jenkins Earthworks Ltd, has pleaded guilty in the Christchurch District Court to a charge of failing to take all practicable steps to ensure hazards did not harm any person in the vicinity.
Judge Noel Walsh noted that the company had also paid $5700 to the neighbours straight after the incident.
Prosecutor for Worksafe New Zealand, Deanne Brabant, of Wellington, said it was fortuitous that potential harm was not realised. She said the primary and substantive failure by the company was in planning the work in Oxford Street, Lyttelton, and failing to take into account that there was a residential property with people still living in it nearby.
“While no harm was realised, that does not diminish the culpability of the defendant when considering the starting point (for imposing a fine),” she said.
Defence counsel Nick Rout said it was disputed that a wall of the house being demolished touched the neighbour’s house, though he accepted that “it certainly came close”. The owner of the company accepted that the work “fell below his usual standards”.
He had immediately apologised to the neighbours and paid reparations.
Mr Rout said the company owner had no other breaches in 27 years in the building and construction industry.
Judge Walsh said the woman next door had recently given birth by caesarian section and felt unable to leave the house, and could not drive, when the demolition began. Her partner had returned home to find her “cowering” in the house.
Judge Walsh noted a suggestion that the company’s safety plan had been seen as a mere formality. “Despite there being no serious harm or injury, the risk of harm was still high. I find there was a serious departure from industry standards on several fronts.”
Category: News
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