Coolstore fire appeals dismissed

Two companies fined hundreds of thousands of dollars after a fatal coolstore fire in Hamilton have had appeals against their sentences dismissed.

Mobile Refrigeration Specialists (MRS) and Waikato Coldstorage Ltd -- formerly Icepak Coolstores -- were found guilty of safety breaches last year after an explosion and fire at a Waikato Coldstorage coolstore in Tamahere, near Hamilton, in April 2008.

The blaze killed firefighter Derek Lovell and injured seven of his team.

Waikato Coldstorage was fined $37,200 in Hamilton District Court on two charges and ordered to pay reparation of $95,000 to Mr Lovell's family and to the injured firefighters.

MRS, contracted to provide refrigeration services at the Tamahere site, was fined $56,000 and ordered to pay reparation of $175,000.

Wayne Grattan, who headed Icepak, was fined $30,000 in Hamilton District Court on a Health and Safety in Employment charge.

Both companies appealed their sentences, but the High Court at Hamilton today dismissed their appeal.

Justice Paul Heath said in his view, there was "no error of law" in the approach the judge at the District Court took to quantification of the fines.

"Nor can it be said that the overall sentence (including each fine) is clearly excessive. If shareholders decide they are not prepared to support Icepak's and MRS's continuing business, steps can be taken to seek remission of the fines."

MRS lawyer Marc Corlett had earlier argued the company was effectively a one-man band operated by Tauranga man Warren Cook and was "wiped out financially" as a result of the accident.

The company was able to pay reparation because of its insurance cover, but any fine was likely to tip the company into liquidation.

- NZPA