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Mitre 10 Mega Henderson pleaded guilty to breaching the Electricity Regulations and was convicted in the Waitakere District Court on 30 November 2009 and fined $800 with $650 costs.
This is the second time Magsons Hardware Limited, trading as Mitre 10 Mega Henderson, has been convicted for supplying a declared article (child appealing table lamps) without an appropriate approval and putting consumers at unnecessary risk.
Energy Safety, part of the Ministry of Economic Development, took the prosecution after it found the undeclared, non-approved table lamps while doing a routine check of electrical appliances on Trade Me. The products were removed from sale.
In May 2008 the Mitre 10 Mega store had disposed of its remaining stock of table lamps, which looked like toy trains, planes and cars, at auction. The buyer then listed them on Trade Me.
Suppliers of this type of table lamp must make sure an appropriate approval is in place to ensure they are safe before they supply the products. These table lamps would not have gained an approval.
“Despite being previously convicted for selling exactly the same table lamps, the Henderson Mitre 10 Mega blatantly disregarded public safety and showed little regard for the safety rules,” said Richard Lamb, Energy Safety Compliance Officer, Ministry of Economic Development.
“It is very disappointing that we have had to take a second prosecution and go back to Court, this store was aware of its responsibilities.
“Table lamps, which look like toys, are considered high risk because they appeal to children who may play with them. A condition of an approval would be that the power supply is reduced to below 24 volts. The lamps the Mitre 10 store had sold are powered directly off the mains at 230 volts,” said Mr Lamb.
“I would challenge anyone to honestly say that a small child would not see these table lamps as toys.
“I also suspect that Mitre 10, a company that invests heavily in developing a brand that is recognised and trusted by New Zealand consumers, is disappointed by the behaviour of one of its stores.
“Safe products are in everyone’s interest. The rules are in place to encourage good business practices and protect consumers,” said Mr Lamb.
Mitre 10 Mega Henderson had breached Electricity Regulations 107(a).