Being a PCBU who controls or manages a workplace, namely Coronet Peak Ski Field, Queenstown (the Ski Field), failed to ensure so far as was reasonably practicable, that the workplace was without risks to the health and safety of any person, including the victim, and that failure exposed the victim to a risk of serious injury or death, arising from collision with a fence post that was part of a double height deer fence surrounding a water reservoir, at the base of the Sugar’s Run ski trail, at the Ski Field. 

It was reasonably practicable for NZ Ski Limited to have conducted an adequate risk assessment to identify the hazards and risks associated with the deer fence on the Sugar’s Run ski trail.