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Court Summary - at a glance

Date of offence:
Between 17 June 2017 and 29 July 2018
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point was set at $500,000. Reduced to nil on account of Ruapehu Alpine Lifts Limited being in liquidation.

Safety lessons learned:

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. 

Defendant name:
Ruapehu Alpine Lifts Limited (in liquidation)
 
Industry:
Adventure activities
 
Date of offence:
Between 17 June 2017 and 29 July 2018
 
Facts in brief:
On 28 July 2018, a commercial passenger service Mitsubishi Fuso bus (CDJ298) owned and operated by Ruapehu Alpine Lifts Ltd, crashed whilst descending the Ohakune Mountain Road.

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.
 
Offence section:
Charge 1: Sections 36(2), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Charge 2: Sections 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
5 April 2022

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point was set at $500,000. Reduced to nil on account of Ruapehu Alpine Lifts Limited being in liquidation.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - $420,000
Consequential loss - $13,094.82
Costs - $16,588.38