Court Summary - at a glance

Date of offence:
28 November 2017
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$30,000

Safety lessons learned:
  • Obtained independent feedback from the Equestrian Centre at the completion of the victim’s learnings regarding their riding ability and progression.
  • Ensured a graduated learning system was in place to progressively build riding proficiency, experience and strength.
  • Supervised and assessed the progression of the victim’s riding ability to ensure appropriate matching of them to suitable horses.
  • Provided suitable horse(s) for the victim to ride throughout their training.
  • Ensured that the victim was competent before permitting them to ride an in-work race horse.

Defendant name:
Stephen J McKee
 
Industry:
Arts and recreation
 
Date of offence:
28 November 2017
 
Facts in brief:
Mr McKee is a horse trainer who has been in business for 31 years. The victim was employed by him as a stable hand. The victim was riding an in-work race horse when half way around the track the horse, having been given the cues to speed up, broke into a canter. The horse’s speed increased and the victim lost control of the reins and the horse and fell to the ground. As a result of falling form the horse, the victim sustained a break of the spine and was diagnosed with C5 tetraplegia.
 
Offence section:
Sections 36(1), 48(1) and (2)(b) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$30,000
 
Maximum fine available:
$300,000
 
Reparation:
$110,000 for emotional harm
$156,000 (reduced on appeal from $262,000) for consequential loss
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Stephen John McKee (PDF 281 KB)
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