Court Summary - at a glance
Date of offence:
21 September 2019
Plea:
Not guilty, found guilty following trial on 15 August 2023
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point for the fine was set at $550,000, reduced to $440,000 following discounts for co-operation (5%), reparation (10%) and remedial steps taken (5%)
Safety lessons learned:
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.
Defendant name:
NZ Ski Limited
Industry:
Adventure activities
Date of offence:
21 September 2019
Facts in brief:
On the morning of 21 September 2019, the victim was skiing with a group of friends at Coronet Peak. The victim was observed by others to come down Sugar’s Run (an advanced/red run) and as she came to the end of the run she moved to her right. Instead of completing the right hand turn and continuing on her way she skied into one of the deer fence posts which surrounded the elephant pit water reservoir.
Medical assistance, including a doctor, arrived reasonably quickly and found her in a state of unconsciousness. Despite medical attention, she died at the scene.
Medical assistance, including a doctor, arrived reasonably quickly and found her in a state of unconsciousness. Despite medical attention, she died at the scene.
Offence section:
Sections 37(1)(a) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
Date(s) charged:
26 August 2020
Court:
Queenstown - District Court
Plea:
Not guilty, found guilty following trial on 15 August 2023
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point for the fine was set at $550,000, reduced to $440,000 following discounts for co-operation (5%), reparation (10%) and remedial steps taken (5%)
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $130,000
Consequential loss - N/A
Costs:
- legal: $23,669.79
- operational: $4,330.21
Consequential loss - N/A
Costs:
- legal: $23,669.79
- operational: $4,330.21
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