The independent review of WorkSafe’s own conduct in relation to the Whakaari/White Island eruption undertaken by David Laurenson QC was released in late October, with wide ranging criticism and recommendations for WorkSafe. This must have caused challenges for WorkSafe who are in the process of prosecuting 13 parties in relation to the event.
It was interesting therefore to see a prosecution for another Adventure Activities business in late 2021.
A 50th birthday celebration, turned to tragedy, when two British tourists lost their lives in March 2019 while on a bespoke tour operated by Prestige Adventure (Queenstown based). As part of the tour, the group were set to undertake a coast-to-coast off-road driving component with company director John William Neil Thomssen.
They were in a convoy of five vehicles, led by Thomssen, along a track on the Kakanui Ranges (close to Ranfurly) that had a steep drop off the right-hand side. The wheels on the right-hand side of their second vehicle (a side-by-side off-road machine) crossed the tracks causing the vehicle to over-balance and the two men to fall more than 80 meters. They died instantly.
A WorkSafe investigation found multiple health and safety failings by Prestige Adventure and Thomssen.
The adventure activities operator had no documented training processes and no operations manual in relation to the tour. While basic training had been completed before commencing the trip, this training only lasted 15 minutes and the ‘practice terrain’ used didn’t resemble the track they would face while on the tour. The adventure operator had assessed the terrain for the tour by helicopter but nobody had pre-tested the route in the off-road vehicles the group would be using. The off-road driving element of the tour was set to pass through several high-country stations and Department of Conservation land. However, Mr Thomssen had been explicitly denied access to the farmland that the fatal incident occurred on.
Prestige Adventure was not a registered Adventure Activity operator, even after knowing that this was a necessary legal requirement under the Health and Safety at Work (Adventure Activities) Regulations 2016.
Prestige Adventure was fined $595,000. However, this was affected by the fact that the company was no longer trading and was expected to go into liquidation. Due to the company’s financial position the judge ordered a reduced reparation of $100,000, to be paid by Mr Thomssen. That figure being the amount that Mr Thomssen had been able to set aside from his personal finances.
