Court Summary - at a glance

Date of offence:
28 December 2016
 
Plea:
Guilty
 
Decision:
Convicted and discharged
 
Final decision date:
 
Fine imposed:
Nil – Company in liquidation and not in a position to continue with the proceedings

Safety lessons learned:

It was reasonably practicable for the defendant to have:

  1. Ensured that inflatables comply with AS3533.4.1-2005 in particular by ensuring the climbing rope was secured at both ends;
  2. Ensured adequate and competent supervision of children when using Inflatable equipment.

Defendant name:
Bounce & Beyond NZ Limited now known as XYZ Family Fun Limited (In Liquidation)
 
Industry:
Arts and recreation
 
Date of offence:
28 December 2016
 
Facts in brief:
Prior to going into liquidation, the company operated an inflatable indoor playground. One of the pieces of equipment forming the obstacle course included a rope that had been attached to the top of the equipment but hung free down the wall. The rope was there for the use of children to assist them climbing the stairs.

The victim, a four year old child, used the equipment by climbing to the top of the slide. The child was caught in the rope by his neck.

The victim sustained rope burns and significant bruising to the neck.
 
Offence section:
Sections 48(1) and 2(c), and 38(1) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Manukau - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and discharged
 
Fine imposed:
Nil – Company in liquidation and not in a position to continue with the proceedings
 
Maximum fine available:
$1,500,000
 
Reparation:
Nil
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