Christopher Graham Angus

Court Summary - at a glance

Date of offence:
5 December 2014
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
• $18,000 for ss 48 and 50(1)(b) of the Health and Safety in Employment Act 1992
• $3,000 for ss 21A(2)(a) and 29(1)(g) of the Machinery Act 1950

Safety lessons learned:

Amusement Device Registration - It is the operator’s responsibility to ensure all amusement devices that meet the definition under the Regulations are registered and have been certified by an appropriately qualified engineer to ensure safe operation and also security when the device is not in use to prevent unauthorised access to the device.

Defendant name:
Christopher Graham Angus
 
Industry:
Arts and recreation
 
Date of offence:
5 December 2014
 
Facts in brief:
The Defendant operates Angus Entertainment Fun Park (A E Fun Park) situated near Whangarei.

The Defendant is the sole shareholder and director of a number of companies which owned equipment and structures on the farm, including a flying fox.

On the day of the incident, Far North Holdings Limited booked to use the activities of the park. After lunch, the group made their way towards the clay bird shooting activity and the victim went to the flying fox. There was no restriction to access to the flying fox by unauthorised guests. The Defendant told the group that the flying fox was locked. The flying fox was not locked and the victim was able to ride it. The victim lost his grip and fell to the ground to his death.

The Defendant interfered with the scene and attempted to deceive health and safety inspectors by attaching a padlock to the flying fox at some point between the incident and a visit by WorkSafe the next day. The Defendant also phoned an engineer on the night of the incident requesting the flying fox to be registered as an amusement device.
 
Offence section:
• Sections 48 and 50(1)(b) of the Health and Safety in Employment Act 1992
• Sections 21A(2)(a) and 29(1)(g) of the Machinery Act 1950
 
Date charged:

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
• $18,000 for ss 48 and 50(1)(b) of the Health and Safety in Employment Act 1992
• $3,000 for ss 21A(2)(a) and 29(1)(g) of the Machinery Act 1950
 
Maximum fine available:
• $250,000 for the Health and Safety in Employment Act 1992 charge
• $5,000 and if the offence is a continuing one, a further $250 per day
 
Reparation:
$30,000