Court Summary - at a glance

Date of offence:
23 March 2019
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
Nil on account of financial capacity

Safety lessons learned:

It was reasonable for Mr Thomssen to have:

  • Driven and inspected the entire track to be used for the self-drive component of the tour, in one of the vehicles to be used for the tour, prior to the our commencing;
  • Shortened or cancelled one of the self-drive components of the tour to mitigate potential hazard of fatigue and time pressure;
  • Monitored and assessed the levels of fatigue of the participants throughout the tour; and
  • Adopted an alternative route to ensure the tour did not use tracks for which access permission had been denied.

Defendant name:
John William Neil Thomssen
 
Industry:
Adventure activities
 
Date of offence:
23 March 2019
 
Facts in brief:
The victims were part of a UK tourist group intending to complete a cross-country tour of the South Island, provided by Prestige Adventure Ltd. (PAL) and led in part by Mr Thomssen.

PAL provided left-hand drive ATVs for the self-driven aspect of the tour and gave short safety briefings and instructions on the course prior to embarking. On 23 March 2019 the planned tour route involved crossing a narrow, ascending farm track, access to which had been denied by the landowner due to being unsafe. The group proceeded despite this.

The first victim was the driver of an ATV while the second was his passenger. While on the track, the wheels on the right-hand side of the victims’ vehicle crossed the right edge of the track, causing the vehicle to over-balance, and fall over 80 metres killing both men instantly.
 
Related prosecutions:
 
Offence section:
Sections 45(b), 48(1) and 48(2)(a) Health and Safety at Work Act 2015
 
Date(s) charged:
12 March 2020

Court:
Oamaru - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
Nil on account of financial capacity
 
Maximum fine available:
$150,000
 
Reparation:
Emotional harm:
- $30,000 to Mr Smith's former partner and child
- $30,000 to Mr Murphy's partner and younger dependent child
- $30,000 to Mr Murphy's son, who was a witness
- $10,000 to Mr Murphy's brother.