10 Sept 2019
PEGASUS ENGINEERING LIMITED v WORKSAFE NEW ZEALAND [2019] NZHC 2257 [10 September 2019]
- Citation
- [2019] NZHC 2257
- Court
- High Court
A person can be a "victim" under s 4(1)(a)(i) of the Sentencing Act if they were exposed to the specific risk identified in the charge, but eligibility for emotional harm reparation under s 32(2) requires factual evidence that the claimant was exposed to that risk; on the evidence before the Court there was insufficient proof that Mr Armour was exposed to the crushing risk alleged and accordingly the District Court's award of $45,000 reparation to him was quashed.