Judge Anna Fitzgibbon in the North Shore District Court fined his employer, NZ Solid Limited.

It was ordered to pay $330,000, but the judge suppressed her ruling on the amount of reparations.

The site in Greenhithe, Auckland, where Wesley Talakai died in August 2023. His employer has been convicted. WorkSafe has warned about the dangers of working near overhead powerlines. Photo / WorkSafe

Companies Office records show NZ Solid’s sole owner and director as Wei Li of Mellons Bay.

NZ Solid was charged under the Health and Safety at Work Act 2015.

It had a duty to ensure Talakai’s safety.

Wei Li declined to comment on the case.

Duggan, of WorkSafe, said businesses and workers must stay clear of power lines and plan work carefully.

The situation was “a timber delivery that went tragically wrong”.

Talakai raised concerns with NZ Solid about limited space at the site and proximity to overhead power lines, Duggan said.

However, the company gave him a gate code to access the site and continue the work.

The crane was operating just 2.5m from live lines. That breaches the legal minimum of 4m.

The Greenhithe residential building site, where in August 2023, Wesley Talakai died after the crane hit an overhead power line. Photo / WorkSafe

NZ Solid did not get consent from the line owner to work within that distance, Duggan said.

In a victim impact statement, Natasha Talakai told the court that the time since her husband’s death had been “excruciatingly difficult, exhausting, painful, and lonely”.

Duggan said working near power lines is a well-known hazard, and there are clear rules and guidance in place for a reason.

WorkSafe’s investigation found serious failures in how the company planned and carried out the job.

Police cordon on Tauhinu Rd, Greenhithe when the tragic workplace accident happened. Photo / Sylvie Whinray

It relied on verbal instructions, had an inadequate lift plan, and failed to properly assess the risks posed by overhead power lines.

“Risk management isn’t a box-ticking exercise. It’s about making sure workers go home safe. That means planning the job, knowing the limits of your equipment, maintaining safe distances, and never assuming it’ll be fine,” Duggan said.

WorkSafe has online guidance to help businesses and workers assess risk.

It says touching a live low-voltage overhead electric line with any part of the body, a tool or equipment can cause death or serious injury.

If work needs to be done near a live low-voltage overhead electric line, the safest option is to eliminate the risk of electric shock by having the electricity supply to the property isolated before work starts, the guide says.

The raised crane sitting outside the property where Wesley Talakai died in August, 2023. Photo / NZME

WorkSafe’s role is to ensure businesses and workers meet their health and safety responsibilities and hold them to account when they don’t, it said.

In August 2023, the Herald reported how the father of a Christian homeschool family had died.

Lisa McKenzie, a friend of Talakai’s wife Tasha through homeschooling, confirmed to the Herald then that he died in the tragic accident, leaving behind his wife and two boys, aged 12 and 5.

“They are the nicest, most loving family. He was so devoted to her and anyone they came into contact with, they carried light and were nice to everyone, and like a really sweet family.

“It’s sad for anybody but heart-wrenching for this family because they were so closely connected,” McKenzie said at the time.

Anne Gibson has been the Herald‘s property editor for 25 years, written books and covered property extensively here and overseas.

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