Court Summary - at a glance
Date of offence:
23 March 2019
Plea:
Guilty
Decision:
Convicted
Final decision date:
Fine imposed:
$595,000
Safety lessons learned:
It was reasonably practicable for Prestige Adventure Limited to:
- Undertake a hazard and risk assessment of the self-drive component of the tour, including by driving the entire route in the intended vehicles, to identify hazards arising from:
- The terrain;
- The difficulty and length of the tracks, including in relation to the hazard of fatigue; and
- The clients’ capabilities and performance.
- Develop, document, communicate and implement controls in relation to fatigue, including client fatigue;
- Develop, document, and implement an effective procedure to identify clients’ competency that included an assessment of their previous experience, ability and confidence; and
- Only use tracks for which access permission had been granted and in relation to which hazard and risk information had been sought and obtained from the landowner.
Defendant name:
Prestige Adventure Ltd.
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.
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 36(2), 48(1) and (2)(c) of the 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:
$595,000
Maximum fine available:
$1.5 million for the main charge and $50,000 for their failure to register as an adventure activity.
Related Documents:
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