Court Summary - at a glance

Date of offence:
11 January 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$40,000

Safety lessons learned:
  • Ensure any modification is done in a way that did not result in a protruding bolt on a rotating shaft
  • Make and keep a record of any alterations on a device register in accordance with regulation 15(4) of the Amusement Devices Regulations 1978
  • Ensure a device is not operated until the hazard was eliminated or isolated to the satisfaction of the relevant examining engineer and
  • Impose minimum age and/or height restrictions on the entry to the device, such as 6 years of age and 1.2 metres

Defendant name:
Mahons Amusements Limited
 
Industry:
Arts and recreation
 
Date of offence:
11 January 2015
 
Facts in brief:
The Defendant company owns and operates amusement devices.

The Crazy Circus amusement device is a two-storied walk-through motorised obstacle course for children.

On the day of the incident, the victim, aged two years, went on the Crazy Circus at the Trillion Funfest event. The victim’s left leg became entangled under a motorised spinning padded cylinder on the Crazy Circus after being caught by a protruding bolt.

As a result, the victim sustained multiple left leg fractures to his femur, tibia and fibula, and a 10cm wound to his left ankle.
 
Offence section:
Sections 15 and 50(1)(a) of the Health and Safety in Employment Act
 
Date(s) charged:
10 July 2015

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$40,000
 
Maximum fine available:
$250,000
 
Reparation:
$37,150
 
Related Documents:
PDF
Sentencing notes - WorkSafe New Zealand v Mahons Amusement Limited (PDF 407 KB)
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