Court Summary - at a glance
Date of offence:
4 February 2019
Plea:
Not guilty - found guilty at trial
Decision:
Convicted
Final decision date:
Fine imposed:
The starting point was set at $600,000. Discounts were given for good previous record (5%), co-operation (5%), reparation (5%) and remedial steps (5%). Total of 20% discount, nominal fine end point of $480,000. This was then reduced to $200,000 given financial incapacity.
Safety lessons learned:
Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, did fail to comply with that duty, and that failure exposed individuals undertaking sand boarding activities, including Jin Chang Oh, to a risk of death or serious injury.
It was reasonably practicable for Sand Safaris 2014 Limited to:
- Develop, document, implement and communicate an effective system to identify, control and monitor the hazards and risks arising from sand boarding at Te Paki Stream;
- Identify and utilise a safe are for sand boarding where there was no danger to sand boarders from motor vehicles;
- Implement, in conjunction with other operators and stake holders at the Te Paki Stream, an effective traffic management system, including signage.
Defendant name:
Sand Safaris 2014 Limited
Industry:
Adventure activities
Date of offence:
4 February 2019
Facts in brief:
Mr Jin Chang Oh was visiting New Zealand in February 2019 with his family, and was on a tour operated by Sand Safaris 2014 Limited, which included a tour of the great sand dune at the Te Paki Stream, at the bottom of 90 Mile Beach, Northland. Mr Oh undertook sand boarding, and once he had boarded down the dune, and was struck and run over by a bus owned and operated by Sand Safaris.
Mr Oh died soon after impact with the bus. This incident was witnessed by Mr Oh’s wife, son, daughter-in-law and nine year old granddaughter.
Mr Oh died soon after impact with the bus. This incident was witnessed by Mr Oh’s wife, son, daughter-in-law and nine year old granddaughter.
Offence section:
Sections 36(2), 48(1) and 2(c) of the Health and Safety at Work Act 2015
Date(s) charged:
20 January 2020
Court:
Whangarei - District Court
Plea:
Not guilty - found guilty at trial
Final decision date:
Decision:
Convicted
Fine imposed:
The starting point was set at $600,000. Discounts were given for good previous record (5%), co-operation (5%), reparation (5%) and remedial steps (5%). Total of 20% discount, nominal fine end point of $480,000. This was then reduced to $200,000 given financial incapacity.
Maximum fine available:
$1.5 million
Reparation:
Emotional harm - $130,000
Consequential loss - $5,3209.33
Costs - $23,136.63
Consequential loss - $5,3209.33
Costs - $23,136.63
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