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Court Summary - at a glance

Date of offence:
24 October 2022
 
Plea:
Guilty
 
Decision:
Convicted and sentenced
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $350,000. Following discounts of 47%, the final fine was set at $70,000.

Safety lessons learned:

It was reasonably practicable for Kai lwi Life Limited (trading as Kai lwi Beach Holiday Park) to have developed, implemented, and monitored an effective safe system of work for all activities related to the operation of the jump pad, ln accordance with relevant standards (including AS 3433.4.1- 2005) and the Health and Safety at Work (General Risk and Workplace Management) Regulations 2016, including ensuring:

i. that the jump pad had an effective anchorage system in place before it was made available for use
ii. that effective weather monitoring was undertaken to ensure the jump pad was and remained safe for use
iii. that effective impact absorbing material was positioned around the jump pad
iv. the provision of effective information to visitors of the holiday park as to the safe use of the jump pad
v. that an effective emergency plan was in place.

 

Defendant name:
Kai Iwi Life Limited
 
Industry:
Arts and recreation
 
Date of offence:
24 October 2022
 
Facts in brief:
The defendant operated a holiday park. The victims (aged 3 and 4) were jumping on an inflatable jump pad owned and operated by the defendant and located at the holiday park when it became airborne in the wind and flipped upside down due to an inadequate anchorage system. One victim was thrown from height during the incident, suffering serious injuries, and another was also injured as a result of becoming trapped underneath the flipped jump pad. A victim’s mother was also injured when she attempted to grab hold of the airborne jump pad.
 
Offence section:
Sections 36(2) and 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015.
 
Date(s) charged:
19 October 2023

Court:
Whanganui - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted and sentenced
 
Fine imposed:
The starting point for the fine was set at $350,000. Following discounts of 47%, the final fine was set at $70,000.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm: Global figure of $52,000 for four victims

Costs: $4,283.30