Judge orders Te Kuiti's UBP Ltd to pay $320K after worker falls to death

Jared Te Whare died after suffering a seizure after falling from a 2.4m high legging stand at UBP Ltd. Photo / Supplied

The hazard a 2.4m legging stand posed at a Te Kuiti Meatworks plant was "obvious", a judge has found as he handed down costs and penalties of more than $300,000 after a staff member died.

Jared Te Whare was a general labourer at Universal Beef Packers Ltd but was known to get to work early and help his colleagues any way he could.

On the day of his death, he was asked by a colleague in the slaughtering team to go up on to the 2.4m high legging stand and press the start button for the conveyor belt, to bring in carcasses for processing.

However, as he stood there he also suffered a seizure and fell to his death, leaving his distraught family horrified after arriving at the scene to find people standing around him as he lay in a pool of blood.

Judge Simon Menzies this morning issued his reserved decision into Te Whare's death after holding a sentencing hearing on Friday.

Judge Menzies found given the known risk of falling, industry guidelines, and the identified safety measures, it was "incumbent on UBP to enforce its policies by effective supervision and communication".

"The hazard in question was indeed obvious as were the measures in place to address the hazard.

"UBP was aware of Mr Te Whare's propensity to assist outside his core role including accessing the legging stand."

Jared Te Whare loved his job and his workmates at UBP Ltd in Te Kuiti. Photo / Supplied

Judge Menzies said the monitoring and enforcement of UBP's policies was straightforward.

After taking a start point of a fine of $450,000 and giving discounts for guilty plea, remorse, previous good record, co-operation with the investigation and reparation, he issued a fine of $256,500.

He also ordered the company pay reparation to the whanau of $50,000 and costs of 13,060.63.

UBP had earlier paid $10,000 to the whanau towards Te Whare's tangi.

At sentencing, through its counsel Brett Harris, UBP submitted in its defence that while it acknowledged Te Whare had epilepsy his seizures, as far as the company was aware, were infrequent.

It was aware of Te Whare suffering two other seizures during his 10 years on the job.

Judge Menzies said the risk of a fall was widely recognised in the industry, and the legging stand posed a serious or fatal injury.

WorkSafe recognised that potentially complicating the hazard was Te Whare suffering a seizure and had he not had one he may not have fallen.

"The prosecution argues however that the seizure is no more than a neutral feature because the circumstances themselves - a fall from above two metres - carried in any event the inherent risk of serious injury or fatality.

"What was required was effective steps by UBP to keep Mr Te Whare away from the legging stand ... UBP failed to manage those manageable requirements," the judge said.

On Friday, Te Whare's heartbroken family told the court how they'd struggled with his death.

Speaking through tears, Whare's 34-year-old sister, Carmin, said how her brother "used to do the rounds" and visit family on his way to work each day.

"I wish I could sit across the table from him for one more morning and have our chat. I miss him so much."

She, along with her siblings, and mother, Muriel, was still in shock and anger at how their beloved brother could die at work.

Stevielee Te Whare wanted to ensure this never happened again and hoped the company would be held accountable.

"I feel like I still need to stand up for my brother," the 30-year-old said.

She and her sister were rung about her brother's accident and drove to the site, to find him lying in a pool of blood on the ground.

"It was just overwhelming ... there he was just lying on the floor. There was a pool of blood near his head and all these people were just standing around looking at us.

"I knelt down to touch him and there were all these people intruding. It wasn't respectful of him or my family," she said.