Health and safety breaches led to a proceeds of crime financial penalty. Auckland waste oil contractor Ron Salter agreed to forfeit four million dollars. Police described his attitude to health and safety requirements as derisory. Operation of his South Auckland waste oil operations led to multiple public safety convictions and contributed to the death of a contractor working on site.
Police alleged Mr Salter’s failures over a seven year period to comply with health and safety legislation and his subsequent inaction in the face of ‘make safe’ demands from Worksafe meant revenue earned was unlawfully derived from criminal activity.
Health and safety prosecutions followed the 2015 death of a contractor; killed when sparks from a welding torch or grinder ignited vapour leaking from a 3000 litre waste oil tank, causing a massive on-site explosion.
Mr Salter challenged use of the Criminal Proceeds (Recovery) Act to impose a penalty beyond fines already imposed on him and his company. Police applied for a $10.9 million forfeiture order; the value of nearly all personal assets owned by Mr Salter and his spouse.
Two days into a scheduled seven week trial, a deal was done with police.
Mr Salter admitted he benefitted financially from failures to comply with the Hazardous Substances Act and from failing to respond adequately to Worksafe’s ‘make safe’ notice.
High Court approval was needed for any agreed proceeds of crime deal.
Justice Down approved the four million dollar settlement. This amounted to roughly half the value of real estate owned by Mr Salter and his spouse in South Auckland and on Waiheke Island.
While Mr Salter’s spouse was also a director of their waste oil business, police conceded there would be difficulties in proving the extent of her involvement in company management.
Four million dollars is the amount police expected to recover if the proceeds of crime trial had run its course and its application had been successful, Justice Down said.
Mr Salter was given six months to make payment.
Insolvency Service was authorised to sell any and all of the nominated properties if payment is not made by due date.
Commissioner of Police v. Salter – High Court (21.10.24)
25.019