Kingstown Blue Spring Resort Limited

Court Summary - at a glance

Date of offence:
5 March 2015
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$42,525

Safety lessons learned:
  1. Ensure that tractors are maintained in a way that is safe for use by employees;
  2. Ensure that tractors are regularly serviced to ensure that the brakes, tyres and other components are fit for purpose;
  3. Ensure that employees are trained to safely operate tractors and supervised until competent;
  4. Identify the hazard associated with working with tractors and put into place systems to eliminate or minimise those hazards

Defendant name:
Kingstown Blue Spring Resort Limited (trading as Okoroire Hot Spring Hotel)
 
Industry:
Arts and recreation
 
Date of offence:
5 March 2015
 
Facts in brief:
Okoroire Hot Springs Hotel is owned by the defendant company and operates as a tourist resort in Oakoroire.

The victim was employed as a groundsman and part-time bartender. On the day of the incident he was cleaning up branches and twigs from some recently felled trees on the grounds of the resort using a tractor.

The victim parked the tractor near an embankment at the edge of the worksite, where he filled the carry-all with branches and other debris. The victim then mounted the tractor, placed it in neutral and started the machine. The tractor began to roll towards the bank. Due to faulty brakes, the victim was unable to stop the tractor. At the last moment, the victim jumped clear of the tractor. He fell two metres and landed on his back on the gravel path below the embankment. The tractor rolled over the embankment, narrowly missing crushing the victim by approximately 10 cm.

The victim sustained bruising, abrasions and an injured shoulder from the fall.
 
Offence section:
Section 6 and section 50(1)(a) of the Health and Safety in Employment Act
 
Date charged:

Court:
Auckland - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$42,525
 
Maximum fine available:
$250,000
 
Reparation:
$5,000