NZ Logger August 2022

Page 6

forest talk

Go-ahead for private death prosecution THE FATHER OF A FOREST WORKER KILLED in an accident on the job has launched a private prosecution after a WorkSafe investigation found insufficient evidence that an offence had been committed, and did not take the case forward for prosecution. Niko O’Neill Brooking-Hodgson suffered unsurvivable injuries when a hauling rope became snagged while retrieving logs on a steep slope, then jettisoned a D-shackle and line towards him at high speed, striking him in the face and upper body in August 2016. Just 24, he was working in Esk Forest at Te Haroto, northwest of Napier. An investigation cleared the logging company, DG Glenn Logging (DGL), of criminal wrongdoing but Richard Brooking,

Niko’s father, has refused to accept the findings and believes multiple systemic failures led to his son’s death. He says the lack of prosecution implies that his son was responsible for the accident which claimed his life and that he is determined to hold the company accountable and bring justice for his son – that he is fighting for change, improvement and to “uphold the mana” of his son. The WorkSafe investigation found DGL had a duty to ensure the health and safety of its staff, and it was “reasonable to conclude” the company knew of the risks associated with snagged line retrievals “resulting in tension and release”. However, it found DGL had “generic”

safety controls in place and recommended no action be taken against the company. No charges were ever laid. The family say the lead investigator lacked sufficient WorkSafe experience or expertise in the forestry sector and that crucial evidence may have been missed. They say the company has a responsibility to ensure the health and safety of its workers, including proper hazard identification and risk assessment, and proper training around safety protocols. A judge has granted permission for a private criminal prosecution to proceed. If convicted under the Health and Safety at Work Act, DGL could be fined up to $1.5 million. NZL

Forest owners to cough up for Council CENTRAL TARANAKI FOREST OWNERS ARE UP IN ARMS AFTER Stratford District Council mandated a roading targeted rate which will see them pay a share of $100 000 a year towards road repairs. This comes after the Council reported a spend of nearly $1.5 million to repair logging truck-damaged roads used during pine harvesting. Twenty six forestry blocks are affected by the controversial decision. While owners say it is “exorbitant”, Council roading asset manager Steve Bowden says Ruapehu District Council, which also introduced a rate, has been used as a basis. He says they chose a

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rate that was legally enforceable for council to collect. Stratford District Council says the roads – some of which were designed for horse and cart – cannot cope with 50 tonne trucks and forestry operators need to contribute to their upkeep, but critics say the Council has had decades to fix them. While the forestry owners say they may still challenge the new rate, the Council’s roading manager says those who own the 26 forestry blocks affected already had a chance to voice their concerns, as the rate went out for public consultation and was publicised, with only one forest owner arriving at the hearing in May. NZL


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