Tree work prosecutions in New Zealand: what WorkSafe published

This page reports what the official source says. It is not legal advice: ask the office named here. It lists tree work prosecutions that WorkSafe New Zealand published as media releases and court summaries, in the words of those releases. Names of injured people are left out, and so are the names of individual defendants. Each entry is as released on the date shown, and the appeal status is only what each release states. WorkSafe's copyright page allows its material to be reproduced if it is accurate, not misleading and credits the source, and the source here is WorkSafe New Zealand.

Entries

Date and court	Defendant and breach as released	Outcome as released
Release dated January 29, 2024, Nelson District Court	A tree felling business owner trading as a sole trader, convicted after a guilty plea under sections 36(2) and 48(1) and (2)(b) of the Health and Safety at Work Act 2015. Trees were felled beside State Highway 60 on Takaka Hill in 2021 with no traffic management plan, and the offence period in the summary is between February 12 and August 6, 2021. Links: WorkSafe release on felling beside a state highway and WorkSafe court summary for the Nelson sentencing	Fine of NZ$56,000, from a starting point of NZ$70,000 with a 5% uplift for previous non-compliance and a 25% discount for the early guilty plea. The release gives the maximum as a fine not exceeding NZ$1.5 million and the summary lists NZ$300,000. The release does not mention an appeal.
Release dated September 5, 2019, Nelson District Court	Tree and Forest Limited. Sentenced under sections 36(1)(a), 48(1) and (2)(c) of the Health and Safety at Work Act 2015 after a trainee was struck by a felled tree in Motueka Forest in November 2017. Link: WorkSafe release on the trainee struck by a felled tree	Fine of NZ$25,000 payable over five years and reparation of NZ$2,000. The court's starting point was NZ$450,000. The release does not mention an appeal.
Release dated May 22, 2019, Waitakere District Court	An individual employer. Charged under the Health and Safety at Work Act 2015 and section 163C of the Electricity Act 1992 after a casual worker trimming branches near a powerline in October 2016 was shocked and fell from a metal ladder. Link: WorkSafe release on trimming trees next to powerlines	Fine of NZ$65,000 and reparation of NZ$20,000, plus 60 hours of community work on the Electricity Act charge. The release does not mention an appeal.
Release dated May 9, 2019, Christchurch District Court	Davies Tree Service Limited, sentenced under sections 36(1)(a) and 48(1)(c) of the Health and Safety at Work Act 2015 after a worker lost four fingers, three later reattached, in a firewood processor in June 2017. The machine's maker, MMD Engineering Limited, was sentenced in the same hearing. Link: WorkSafe release on the firewood processor incident	Davies Tree Service Limited fined NZ$75,000 with reparation of NZ$35,000, from a starting point of NZ$700,000. MMD Engineering Limited fined NZ$60,000. The release does not mention an appeal.
Final decision June 26, 2015, Manukau District Court	Treescape Limited, convicted after a guilty plea under section 6 of the Health and Safety in Employment Act 1992. An arborist's foot was pulled into a chipper on December 16, 2013. Link: WorkSafe court summary for Treescape Limited	Fine of NZ$24,750 and reparation of NZ$35,000. The summary lists sentencing notes and does not mention an appeal.

What the releases and summary say

The Treescape court summary says the company is a large tree maintenance firm with a contract to clear vegetation near power lines. It says the ground worker was feeding a chipper and used his right foot to kick small branches into the rollers when his other leg slipped on loose gravel, and his right leg was later amputated below the knee. Its safety lessons list guarding to the Australian standard AS4024, including a chipper chute extended to 1500 mm, dedicated push sticks, training for operators when no push stick is at hand, and working last chance cords or emergency stops.

The Davies Tree Service release says the investigation found the company had removed the guarding the machine came with, leaving workers full access to the moving parts. It says the maker was the first designer and manufacturer sentenced under the 2015 Act. The Tree and Forest release says the crew had been told to apply a two tree length rule but had no measuring equipment, and that the trainees were not adequately supervised. The 2019 powerline release says the employer had not consulted documentation on working at height, tree trimming or working near electrical lines and had no hazard plan, and that the equipment provided was unsafe for use near powerlines.

The January 2024 release says an independent forestry expert found the felling techniques very poor and below industry standards, with several trees cut in a way that raised the risk of barberchairing, and that workers on site lacked the relevant qualifications. It says WorkSafe had issued four prohibition notices and 28 improvement notices since 2013 about tree felling. The court summary says the approved code of practice sets felling at least two tree lengths from any road unless signage and temporary traffic control are in place, and gives 7.4 m as the distance from the closest stump to the road. Its safety lessons add authorisation from the road controlling authority, trained and competent felling workers, and a written notice to the nearest WorkSafe office at least 24 hours before felling starts.

Where the register is

WorkSafe keeps court summaries of prosecutions. Other forestry cases on that list are not included here because their releases were not read. For the wider picture see the guide to safety rules for tree work country by country.

To correct or remove an entry, write to the address at the foot of this page.

Tree work prosecutions in New Zealand: what WorkSafe published

Entries

What the releases and summary say

Where the register is

Sources