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RNZ News
13 hours ago
- RNZ News
West Coast companies sentenced after workers collapse in toxic gas pit
The pit at Taylorville Resource Park. Photo: Supplied / Worksafe A Greymouth man still suffers flashbacks from being trapped, unable to breathe, almost two years after rescuing a colleague from a pit of poisonous gas, a court has heard. Paul Smith Earthmoving and Taylorville Resource Park Limited have been ordered to split more than $685,000 in fines, fees and reparation payments after the two workers were overcome by fumes in a pit they were digging in August 2023. The Paul Smith Earthmoving workers had not been told the Taylorville Resource Park landfill had a significant problem with hydrogen sulphide gas. In sentencing at the Greymouth District Court on Friday, Judge Jane Farish said the companies had demonstrated a "near-complete failure" to identify and address the site's dangers and there was a risk the men could have died. "Both companies should have been aware of the seriousness of the harm that could have been caused by that gas," she said. They had earlier pleaded guilty to one charge each of exposing workers to a risk of death or serious injury. The first worker who collapsed was hospitalised in critical condition with chemical burns to his eyes, seizures, lung inflammation and an irregular heartbeat. The supervisor who rescued him was treated for toxic gas exposure and developed a knee infection from trying to clamber out of the pit, as well as PTSD. He also lost his job with Paul Smith Earthmoving because of a restructure, which Judge Farish said had compounded the psychological impact. According to the summary of facts, Taylorville Resource Park Limited staff had noticed a "rotten egg smell" at the landfill in January 2023. The company sought advice from an expert who said the site had an excess of hydrogen sulphide gas and it needed to "make the workforce aware of the danger". Taylorville and Paul Smith Earthmoving discussed the presence of the gas in a series of emails but when staff were asked to excavate a pit at its site, neither of the two workers was given a safety briefing about the hazards. One of the men was told the smell was not going to kill him and that it was "only one sort of gas". The workers had dug a five-metre pit, when one of them tried to clear any blockages using a spade. As he tried to get out, he fell face-down and unconscious, overwhelmed by the toxic fumes. His supervisor climbed down to retrieve him but was also overcome by fumes and lost consciousness. The supervisor briefly regained consciousness but passed out again, falling back into leachate. On his third attempt, he managed to climb out of the pit and contact emergency services. A gas detector used by emergency crews that day recorded hydrogen sulphide levels peaking at 175ppm. The court heard anything over 100ppm was considered "dangerous to life and health". The detector also picked up more than 50ppm of hydrogen cyanide, also above the level considered "immediately dangerous to life and health". The worker was flown to Christchurch Hospital in a critical condition and admitted to ICU, while his supervisor spent a night at Greymouth Hospital being treated for toxic gas exposure. The pit at Taylorville Resource Park. Photo: Supplied / Worksafe In statements provided to RNZ by WorkSafe, the men described the lasting impact of their near-death ordeal. The supervisor said it had ruined his life. "Every night for the first six months after the incident and now once a week I wake up suffering flashbacks thinking I am still in the pit, not being able to breathe, and thinking I am going to die," he said. The loss of his job had left him socially isolated and alone, compounding the psychological toll. "This incident has taken away my life. All my goals and aspirations can no longer be achieved. The mental, physical and financial impacts have had a profound impact in every area of my life and will continue to do so for a long time," the man said. The other worker said he had no memory of the incident, but felt bad for what his colleague went through. In a statement, WorkSafe's inspectorate head Rob Pope praised the victims' strength throughout the investigation and prosecution process. "The experience these men have gone through was both terrifying and completely avoidable. It's only by sheer luck that both survived. Businesses must manage their health and safety risks, and when they do not we will hold them to account," he said. Judge Farish noted neither company had previous WorkSafe convictions and that Paul Smith Earthmoving previously had an excellent reputation. Paul Smith Earthmoving's lawyer Chris Macklin said the incident had left the company in a state of "shock and dismay". "It was frankly a real embarrassment for the company to find itself in this position," he said. Neither company was "trying to escape under the radar," he added. Paul Smith Earthmoving had undertaken restorative justice with the supervisor and Taylorville Resource Park Limited had spent $87,000 on new safety measures including emergency management and health and safety plans. Judge Farish said the costs would have been incurred anyway "if the job had been done properly," with PPE, gas detectors and expert advice. "If you are running a business such as the Taylorville Resource Park, you are always going to have a significant cost because the nature of the business is risky, particularly when you're dealing with contaminated waste," she said. Taylorville Resource Park Limited was fined $302,500, while Paul Smith Earthmoving was fined $272,250. The companies were also ordered to pay a combined $81,256 in reparation to the two workers. The supervisor received $53,256 while the other worker received $28,000. Each company was also ordered to pay $14,605 to WorkSafe to contribute to its legal and investigation costs. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
RNZ News
14-06-2025
- RNZ News
'Inappropriate, but consensual': Mother avoids jail for relationship with friend's 15-year-old son
By Al Williams, Open Justice reporter of The Christchurch District Court. Photo: RNZ / Nate McKinnon Warning: This story contains content some may find disturbing. A mother of three "fell in love" with a friend's 15-year-old son and formed a "relationship" with him before authorities discovered her "distorted thinking". The teen wasn't getting on well with his family and had been reported missing more than 20 times. She was very anxious to find love in a real relationship, and he provided it. Judge Jane Farish said that the pair fell in love and the relationship continued for several months as she sentenced the woman for sexual connection with a young person. "Unfortunately, you were very anxious to find love in a real relationship. He provided it, you fell in love, he fell in love with you." The court heard the pair discussed having children of their own. The woman was friends with the boy's mother who was aware of the relationship. However, his mother was concerned about his mental health and worried he might try to take his life if she tried to intervene or stop the relationship. The Christchurch District Court heard it played on the offender's mind as well, as her mother had committed suicide, and she had also tried to take her own life. In early 2023, police were alerted by Oranga Tamariki to the relationship, and the woman then admitted it to police. At sentencing on Monday, Judge Farish said an earlier sentencing indication had been given with a starting point of five years' jail. Judge Farish said she would not be sending the woman to jail. "There is a lot of personal information which is relative as to why I am not sending her to jail." Judge Farish said there was an issue with child sex offender registration. "I have to be satisfied that she poses a risk to those under 16 but there is not information that supports that." Defence lawyer Kathy Basire said the victim was months away from consent when the offending happened. "She was not attracted to this person because of their age." There was no grooming, there was "distorted thinking" when she fell in love with him, almost a mutual dependence on one another, which fed their distorted thinking, Basire said. There was an idea they could have a family and that everyone would accept it. However, she was meant to be more culpable because she was an adult. Basire said the victim was never interviewed and the prosecution relied on her client's admissions. The relationship had occurred over a period of seven months in 2022. It was not a situation where the woman was sexually attracted to boys, it was a co-dependent relationship, Basire said. Judge Farish said there were specific issues in sentencing the woman. There was suppression and another charge that had yet to be determined. There was a risk of identifying the complainant, while the judge was also concerned about the impact on the woman's children. Judge Farish said she had read that one of the woman's children was quite vulnerable. The woman had suffered a traumatic and difficult childhood, the judge said. She had suffered a lot of abuse and other people had taken advantage of her. Her relationship with the father of her children had been toxic and caused her harm, and she had struggled to step away from it. Judge Farish, in reading the reports, said there was a reality in the woman's loneliness, she was parenting on her own, and the charges had caused her and her children a great deal of anxiety. "It is inappropriate to have relationships with those under 16 but this was consensual. "The difficulty is that you were a victim then became an offender. Your personal mental health struggles are significant, they are relevant, you would not have got into the relationship, but for your own difficulties." Judge Farish took a starting point of four years' jail, giving the woman a 20 percent discount for a guilty plea. Another 15 percent was applied for Post Traumatic Stress Disorder and associated disorders. It had been noted she would be vulnerable if jailed, so another 5 percent was applied. Another 10 percent was given in recognising the woman's relationship to her children. A sentence of home detention would benefit her children and the community at large in the long run, the judge said. Judge Farish sentenced the woman to nine months' home detention and referred her to a sex offender programme. She was ordered not to possess or consume alcohol and to undertake any counselling as directed. Judge Farish said she would not impose an order that the woman not have contact with persons under 16 as it would create difficulties. "You are not at risk of having more sex." She would have been automatically enrolled on the Child Sex Offender Register if given a custodial sentence, but given all the available material, there was no indication that she posed a risk, the judge said. Judge Farish then turned to the issue of suppression. The judge said she was worried about the woman's children. If there was any publication of the woman's name it would identify the victim, and he had wanted to move on with his life, the judge said. "He didn't want to be part of this prosecution." A final order was made for name suppression. If it is an emergency and you feel like you or someone else is at risk, call 111. - This story originally appeared in the New Zealand Herald .
