Details of a dramatic scaffolding collapse onto a busy Auckland road have been revealed for the first time by WorkSafe New Zealand, as its court case against the company responsible draws to a close.
The nine-metre-high scaffold was for townhouses being built on the boundary of the Ellerslie Racecourse. The structure fell into the path of cars along Remuera's Peach Parade on a windy day in January 2024. A witness described it "start to curl like a wave" before coming down onto the road. Three workers were nearby at the time, and drivers were left traumatised from swerving to avoid injury or death.
A WorkSafe investigation found the scaffold was effectively free-standing and lacked the minimum safety features to anchor it. For example, it was not tied down, nor was there bracing (known as rakers) used to increase the base width for stability. However, CCTV footage showed workers installing rakers onto the collapsed structure after the incident.
Kylin Scaffolding Limited did not carry out a risk assessment for the scaffolding along the roadside, nor for installing the scaffolding without rakers. The company has now been sentenced, after pleading guilty to breaching the Health and Safety at Work Act 2015.
"Our official guidelines are clear that rakers, ties, and risk assessments are essential, not optional. Construction scaffolding design is complex, and you are gambling with lives if you cut corners," says WorkSafe's northern regional manager, Brad Duggan.
At the time of the collapse, Kylin Scaffolding Limited's operations manager was qualified to design, construct, alter and dismantle the scaffold. The company could not explain the safety shortcomings to WorkSafe investigators.
"It is extremely disappointing that Kylin Scaffolding Limited failed to ensure that this structure was safe, and followed industry standards and guidance," says Brad Duggan.
"How this collapse did not end in tragedy is nothing short of miraculous. This was a seriously deficient set up, and a blatant risk to public safety. Businesses must manage their health and safety risks and where they do not, WorkSafe will take action."
WorkSafe's role is to influence businesses and workers to meet their responsibilities and keep people healthy and safe. Our good practice guidelines for scaffolding have practical advice on the safe design, construction, use, and maintenance of scaffolding. These guidelines are widely used in the construction industry to help meet their obligations under the Health and Safety at Work Act 2015.
Read WorkSafe's good practice guidelines for scaffolding in New Zealand
Background
- Kylin Scaffolding Limited was sentenced at Auckland District Court on 3 September 2025.
- The court ordered reparations of $8,500 to be paid.
- Kylin Scaffolding was charged under sections 48(1) and (2)(c) and 36(2) of the Health and Safety at Work Act 2015
- Being a PCBU having a duty to ensure, so far as is reasonably practicable, that the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, namely designing and erecting scaffolding at Peach Parade, Remuera, Auckland, did fail to comply with that duty, and that failure exposed other persons to risk of death or serious injury.
