Guilty plea after forestry death

A forestry management company has pleaded guilty to a breach of its duty under health and safety law after the August 2019 death of a worker in eastern Taranaki.

Worksafe prosecuted Tree Awareness Management Ltd after investigating the death of Nathan Paikea, who had been working in the Tututawa Forest.

On Wednesday, the matter was called in the New Plymouth District Court, where the company entered a guilty plea to one charge laid under the Health and Safety at Work Act. The offending relates to a period between January 31 to July 30, 2019, when Tree Awareness Management failed to comply with its duty to ensure, so far as reasonably practicable, the health and safety of workers undertaking felling in the Tututawa Forest.

The maximum penalty for the offending is a $500,000 fine.

Another company, Skyline Harvest Systems Limited, was also charged, but has pleaded not guilty and will face trial. A date for this has yet to be confirmed. It is understood Tree Awareness Management contracted Skyline Harvest Systems, which was Paikea’s employer.

In a statement, Worksafe said the failings related to Tree Awareness Management not checking health and safety paperwork, whether observations of safe worker behaviour were being conducted, or if crew self-auditing was being carried, during times it visited the site on separate occasions between January and July 2019.

During Wednesday’s hearing, Worksafe counsel Ben Finn said the trial matter would not impact on the ability to sentence Tree Awareness Management for its role.

Judge Tony Greig did not enter a conviction against the company at this stage and said 1.5 hours would be needed for sentencing.

A nominal date was set for December 16, but will likely be moved to a hearing next year.