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Alert24 - Safeguard Update

Prosecution reports

Prosecution reports
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New Zealand

Ricky John Hartnett trading as Aquanorts

The kayak hire operator was sentenced to 200 hours community service and ordered to pay reparations of $324,500 after two kayakers in a party of 11 died on Lake Tekapo. Maritime New Zealand brought two charges, one under the HSE Act and the other under the Maritime Transport Act 1994. He had not advised Maritime NZ that he was in business operating kayaks and had not registered under the MOSS system, so was not audited. He had no adequate safety systems in place and reacted too slowly to the emergency, when wind speeds rose and conditions on the lake rapidly deteriorated. His safety briefing was inadequate, as was his safety boat. The reparations included $115,000 to each family of the two customers who died, plus $15,500 to three customers who were hospitalised with hypothermia, and $8000 to the remaining six customers.

Yarrows the Bakers

Fined $39,375 with reparation of $28,574 after an employee was crushed between a dough bin and a 420kg mixing bowl containing 50kg of dough, which came free from its hoist while being lifted. He was off work for three months and continues to have issues with his eyesight and back. Training procedures for the hoist were inadequate, there were no guards to prevent workers getting too close, and there was lockout to prevent the hoist being used by more than one person.

Ministry of Social Development

Convicted on a s6 charge arising from the shooting deaths of two employees at the Ashburton WINZ office. In declining an application for a discharge without conviction the court noted the MSD’s systems “were weaker than those of other service-oriented government agencies with a similar client base, but were not a major departure from industry standards.” The court would have imposed a fine of $16,000 if the MSD had not been a Crown entity.

Department of Corrections

Convicted on a s15 charge arising from the death of a man on community work, who was crushed by a rolling log in Wakefield while a felled tree was being cut up. Ordered to pay reparation of $155,000 to the victim’s family, and a further $17,471 to the victim’s father for financial losses. As a Crown entity no fine is applicable, but the court indicated it would have been $84,000.



People Mentioned:
Ricky Hartnett
Organisations Mentioned:
Aquanorts; Department of Corrections; Ministry of Social Development; Yarrows the Bakers
Reference No:

From Alert24 - Safeguard Update

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