Lookout! – Issue 15
21 December 2009
Guidance notice – Issue 17:
Long-range identification and tracking (LRIT) equipment testing
21 December 2009
25 August 2009
The conviction of a Queenstown river boarding company for safety failures following the death of an English tourist is a "wake-up call" for all white water tourism operators, says Maritime New Zealand (MNZ).
Black Sheep Adventures Ltd (operating as Mad Dog River Boarding) admitted two Health and Safety in Employment Act (HSEA) charges brought by MNZ in the Queenstown District Court, following the death of 21-year-old Emily Jordan. Emily drowned after becoming trapped against a rock while river boarding on the Kawarau River in Queenstown on 29 April 2008.
The company was today convicted and fined $33,000 plus court costs on each of the two charges, of “failing to take all practicable steps to ensure no hazard in a place of work harms people who are in that place and have paid to undertake an activity there; and failing to take all practicable steps to ensure no action or inaction of any employee while at work harmed Emily Jordan”. An additional charge brought against the company, and three charges laid against Mad Dog’s Director, Brad McLeod, were withdrawn.
The company was also ordered to pay reparation of $80,000 to the Jordan family.
MNZ Investigations Manager Steve van der Splinter said the conviction was a wake-up call to others in the white water industry.
“Health and safety legislation is there for a good reason – to safeguard people’s lives,” Mr van der Splinter said.
“The HSEA is very clear that the responsibility for operating safely at all times falls squarely on the shoulders of operators. This means operators must keep up to date with current industry best practice, which includes ensuring guides are suitably trained and experienced in river rescue techniques, and that they carry essential safety equipment, such as throw bags and ropes, at all times.
“The Act applies to all operators, no matter what area they work in the adventure tourism industry.
“In this case, there was a wide gap between the normal accepted industry-wide standards of safety practised by other white water operators and those used by Mad Dog.”
Mr van der Splinter said MNZ’s thoughts were with the Jordan family – Mrs Jordan, brother Alex and sister Lucy, and in particular, Chris Jordan, Emily’s father, who travelled from England last week to attend the hearing.
“This has been a tragic case and all our sympathies are with the Jordan family. We hope the result today brings at least a little comfort for them.”
Mr van der Splinter said the MNZ investigation had found several steps Mad Dog could have taken to manage hazards on the river that day.
They included:
Mr van der Splinter said the vast majority of operators were responsible and operated at the very highest level of safety standards.
For further information contact:
RCCNZ Media Line
Phone 04 499 7318