Court Summary - at a glance
Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of other persons, namely passengers on its Mitsubishi Fuso buses, were not put at risk from work (transport to and from the ski fields) carried out as part of the conduct of the business, and that failure exposed individuals including Hannah Francis and the other passengers on Mitsubishi Fuso Bus CDJ298 during the relevant period (along with other road users at the time) to a risk of death or serious injury.
It was reasonably practicable for Ruapehu Alpine Lifts Limited to have:
- Developed, documented, implemented, communicated, reviewed, and monitored compliance with, a safe system of work for the maintenance of the Mitsubishi Fuso bus registration CDJ298; and
- Ensured the workers who operated the Mitsubishi Fuso bus registration CDJ298 with passengers, were provided with sufficient information, training, instruction, and supervision, that was necessary to protect the passengers from risks to their health and safety.
Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of workers who worked for the PCBU, while the workers were at work driving its Mitsubishi Fuso buses, and that failure exposed individuals, including, Sung-Pil (Terry) Choi (and other employees who drove the Mitsubishi Fuso buses during the relevant period), to a risk of death or serious injury.
It was reasonably practicable for Ruapehu Alpine Lifts Limited to have:
- Developed, documented, implemented, communicated, reviewed, and monitored compliance with, a safe system of work for the maintenance of the Mitsubishi Fuso buses in its fleet; and
- Ensured that the workers who operated the Mitsubishi Fuso buses were provided with sufficient information, training, instruction, and supervision, that was necessary to protect them and the passengers from risks to their health and safety.
One passenger, Hannah Francis (aged 11 years) was killed and numerous other passengers and the driver, Sung-Pil (Terry) Choi, received serious injuries as a result of the crash.
Charge 2: Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Consequential loss - $13,094.82
Costs - $16,588.38
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