Court Summary - at a glance
Being a PCBU who had a duty in relation to members of the public attending the event held at Williamson Park, Whangamata, including the victim, failed to, so far as was reasonably practicable, consult, co-operate with and co-ordinate activities, with all other PCBUs who had a duty in relation to the same matter, namely JTK Trustee Limited.
It was reasonably practicable for Thames Coromandel District Council to have consulted with JTK Trustee Limited about its health and safety documentation, including asking for and obtaining confirmation that the land-borne inflatable slides (including the Mammoth Slide) complied with relevant standards (including AS3533.4.1-2005/2018), before granting JTK Trustee Limited consent to operate at Williamson Park, Whangamata.
The defendant issued a concession permit to Whangamata Summer Festival Incorporated (WSFI) to hold the festival at the site. As part of WSFI’s application the defendant became aware that JTK would be operating at the site. The defendant’s Health and Safety Advisor at the time advised staff of the checks to be done relating to JTK when it applied. The checks referred specifically to land-borne inflatable devices. The defendant’s Community Facilities Manager also requested the Health and Safety Advisor have overview of JTK’s application, noting JTK’s compliance history with WorkSafe.
On 15 December 2020, JTK applied to the defendant to operate at the site. No communication between JTK and the Defendant occurred and on 18 December 2020 JTK were granted a permit to operate at the site. The application form JTK filled out was an old form and the current application form required confirmation that land borne slides met the applicable AS standard. None of the suggested checks of the Health and Safety Advisor were conducted. The consent was granted three days later on 18 December 2020.
JTK owned and operated the land-borne inflatable slide (the mammoth slide) that was operating at the site. The victim was a paying customer at the festival. He purchased a day pass from JTK to use the rides, including the slide. In the early afternoon of 28 December 2020, the victim was on the platform of the mammoth slide when the mammoth slide unexpectedly deflated causing the victim and 11 others (the majority of which were children) to fall to the ground. The victim sustained significant leg injuries. The mammoth slide was found not to meet applicable AS standards.