Chubb discharged without conviction

Chubb New Zealand has avoided a conviction after installing a $175,000 fire sprinkler system at a Taranaki business without a building consent.

In February, the fire safety and security company pleaded guilty to the offending, which occurred five years ago.

In New Plymouth District Court on Monday an application for a discharge without conviction was heard.

The court was told Chubb New Zealand, a division of an international company, installed the sprinkler system at Carter Products’ Port View Crescent factory in New Plymouth in 2015.

The company, which produces health products, has around 29 employees who work onsite.

The offending, however, was not discovered until May 2019 when Chubb contacted the New Plymouth District Council (NPDC), which issues the district’s building consents, looking to have the compliance schedule for the premises updated.

But it was revealed that no building consent was obtained, or applied for, and so there was no compliance schedule ever drafted by the NPDC.

The council then sent building inspectors to the premises to check the system and contacted the local manager of Chubb.

The manager confirmed Chubb had installed the system at the premises, but that the work was completed under previous management, all of whom no longer worked for Chubb.

In court, Chubb’s defence lawyer Danae Wheeler said the consequences of a criminal conviction for the company would be out of all proportion to the gravity of the offending.

Wheeler argued that Chubb has been operating in New Zealand for more than 60 years and had no prior convictions.

Chubb had co-operated fully and had taken immediate steps to put matters right, she said.

A conviction would cause damage to Chubb’s reputation and it risked the company’s future business, as it would have to disclose the offending to potential clients, Wheeler argued.

Jacob Bourke, prosecuting on behalf of the NPDC, said Chubb promoted itself as a leader in its field, but in this instance it had failed to meet the industry’s standards. While the installation did not create any imminent threats to safety, Bourke said because there was no building consent, and therefore no compliance schedule, the ongoing maintenance of the system had not taken place.

There may be some adverse impacts on Chubb if it was convicted but they were in line with the offending, Bourke argued.

Judge Gregory Hikaka found in favour of Chubb and granted the discharge without conviction.