TE NUPEPA O TE TAIRAWHITI THURSDAY, MARCH 25, 2021 HOME-DELIVERED $1.90, RETAIL $2.20 $100,000 REPORT A FELLOWSHIP NEW ‘WAKE-UP TO GISBORNE PBL CALL’ ON HISTORIAN PAGE 3 RACISM PAGE 10 PAGE 3 Arts & Entertainment // Pages 19-22 SYSTEMIC FAILINGS: WorkSafe has found that a Pakiri Logging crew were not operating in accordance with the protocols expected for a high-risk work activity leading up to the death of forestry worker Nate Miller (pictured) A ‘WHOLLY on February 13, 2019. Mr Miller was struck by a log and suffered fatal injuries on a site inland AVOIDABLE’ from Tolaga Bay. Picture supplied DEATH Mother endured eight-hour wait before being told son had died IT took eight hours for anyone calculated, the judge said. to officially inform her of son His decision as to final sentence Nathan “Nate” Miller’s death in will be released later. a mid-morning forestry accident, In her statement, Ms Black told a grieving mother told Gisborne the court that on the day of the District Court yesterday. accident she was not contacted by Karen Black’s victim impact Pakiri or Ernslaw. statement was read on her It was only when police phoned behalf by WorkSafe prosecutor her at 6pm that rumours of an Ian Brookie at the outset of a accident involving her son were sentencing hearing for Mr Miller’s officially confirmed and her hopes employer Pakiri Logging Limited he might just be seriously injured and the forest management were finally dashed. company to When she asked which it was about the delay in contracted — It was the worst day official information, Ernslaw One of her life, Mrs Black she was told it Limited. was due to lack of Each company said. She hoped no cellphone coverage has pleaded other whanau would and that Nate’s name guilty to a charge ever have to find out was inadvertently of exposing an leaked in radio individual to risk about the death of a communication by of harm or illness loved one that way. helicopter rescue in relation to staff who attended the death of Mr the scene. Miller, 28, who Ms Black said she was struck by a log on a forestry heard of the accident through site inland from Tolaga Bay at family members who found out about 10am on February 13, 2019. about it on Facebook and through He suffered severe injuries another forestry worker. to his abdomen and legs and Her youngest son contacted her was unable to be revived by his about 2pm and told her to rush to workmates. Gisborne Hospital. Judge Warren Cathcart heard Family there told her Nate was sentencing submissions from dead but she hoped it might not WorkSafe and counsel for each be true. The hospital was unable of the two companies yesterday to give her any information. but adjourned the hearing It was the worst day of her before imposing any penalties or life, Ms Black said. She hoped no reparation. other whanau would ever have Further submissions were to find out about the death of a necessary about an 11th-hour loved one that way. dispute as to how “consequential loss” reparation should be CONTINUED ON PAGE 2 GISBORNE RUATORIA WAIROA Local News ...... 1-5 Business ............11 Classifieds ... 15-16 Racing ................23 Births & Deaths ...4 Opinion ..............12 Television ...........18 Sport ............ 24-28 9 771170 043005 TOMORROW National .......... 6-10 World....... 13-14,17 The Guide ... 19-22 Weather .............27 > 2 NEWS The Gisborne Herald • Thursday, March 25, 2021 Safety breaches in lead-up to forestry fatality FROM PAGE 1 breaches by the hauling crew as a result of two external audits on behalf The last two years had been the of Ernslaw management. toughest she had lived through. Both companies failed to act on She struggled at work for a while reports issued. and some days could not face carrying Mr Brookie said there was an on. abundance of industry guidelines, She wanted to see her much-loved which were there for a reason. son again but her partner made While WorkSafe accepted the her realise she had to be there for companies had safety systems in her other three children and two place on paper, unless those systems grandchildren, including Nate’s were actually put in place and people daughter who was seven when he died. followed through, there was no point in (he also has a step-daughter.) having them. Ms Black said she wanted to see the Pakiri maintained it did not industry adopt toolbox meetings and receive the full audit results from its alcohol and other drug testing on a foreman but the management knew daily basis, and to fix things when they the importance of those audits and needed it so the whole industry could should have actively pursued them, Mr learn and be safer. Brookie said. In submissions Pakiri had adopted for WorkSafe, Mr an entirely passive Brookie said while We have two warning approach in an a reparation figure industry where for consequential ‘signs, plenty of notice passivity would cost loss remained in prior to the incident, life, he said. dispute, Worksafe and I’m sorry to say Ernslaw’s response was advocating for to the audit reports an emotional harm it but both these duty was only cursory, Mr payment of about holders were asleep at Brookie said. $130,000. the wheel “We have two He submitted a warning signs, plenty starting point for a — workSafe’ prosecutor of notice prior to the fine for the offence Ian Brookie incident, and I’m sorry should be between to say it, but both $620,000 and $700,000 these duty holders for Pakiri and $450,000 and $550,000 were asleep at the wheel. for Ernslaw. “When those audits came in there WorkSafe was torn about the needed to be decisive action,” Mr companies’ culpability, which it Brookie said. initially considered was equal, but it This case featured systemic issues, settled on Pakiri being the principal including the failure to “top-down offender with a high culpability and supervise”, the departure from industry Ernslaw having a medium culpability, guidelines for both defendants, and Mr Brookie said. tragically what WorkSafe would He noted Ernslaw was the fourth- characterise as a wholly avoidable INSIDE THE largest forestry management company death, Mr Brookie said. in New Zealand and had the power to Pakiri counsel Scott Mills rejected RECTANGLE: intervene in its contractor’s operation submissions by Ernslaw counsel “Outside the square” was the in a meaningful way yet failed to do so. Joseph Lill that culpability be theme of the Floral Expo held The incident resulted from high-risk apportioned in Ernslaw’s favour 65 on the weekend but Gisborne work in a high-risk industry. It was percent to 35 percent. Floral Festival Inc president not just in the context of a spur-of-the- Mr Mills said the ratio should be Wendy Davies, above, took moment misjudgement or a moment much closer. the idea to another level of carelessness, but a much more While Pakiri initially submitted when she created her design widespread and fundamental issue emotional harm reparation be about within a rectangular frame. regarding the culture and manner in $75,000 he accepted it should be more Green branches radiate from the way Pakiri workers went about in line with the $100,000 submitted by the bottom corner while their breaking out work. Mr Lill. dahlias in green-ribboned The crew were not operating in Mr Lill’s submissions included bottles are suspended on accordance with the protocols expected discussion about difficulties companies wires. Left, artwork at the for a high-risk work activity of this faced in trying to force cultural change Expo featured cardboard nature. within workplaces. It took time, he constructions in the form of a There were layers of other problems. said. yacht and trucks created by For instance, a safe retreat distance Mr Miller’s crew were trained and William Lovelock. was inadequately identified as 20 competent in their roles and had metres, yet it should have been the passed an external audit, Mr Lill said. mean tree height of 45m. Pictures by Rebecca Grunwell He challenged whether the audit Before the accident, both companies report clearly flagged them as a crew were on notice about critical safety with issues that needed addressing. 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Box 1143, Gisborne • Phone (06) 869 0600 • Fax (Editorial) (06) 869 0643 (Advertising) (06) 869 0644 Editor: Jeremy Muir • Chief Reporter: Andrew Ashton • Circulation: Cara Haines • Sports: Jack Malcolm/John Gillies To fi nd out more call 869 0620 e-mail: [email protected] • [email protected] • [email protected] • web site: www.gisborneherald.co.nz The Gisborne Herald • Thursday, March 25, 2021 NEWS 3 Fewer vehicles impounded $100k fellowship to finish trilogy in first three MONTY Soutar was a first-year university think the trilogy has the very real potential student when he attended an address by to provide an education about New Zealand’s esteemed New Zealand historian, the late history that textbooks in mainstream schools months of ’21 Michael King. have missed. So it is with great pride that decades later, Dr Soutar recalled as a first-year university Dr Soutar has been awarded Creative New student, attending an address by Michael by Murray Robertson Zealand’s Michael King Writer’s Fellowship.