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Court Summary - at a glance

Date of offence:
Between 4 April 2016 and 25 December 2016
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
$210,000

Safety lessons learned:
  1. Ensure that an adequate and effective safe system of work was developed, implemented, communicated, and monitored so that arrangements for the dry hire of buses were safe and suitable.

Defendant name:
Ritchies Transport Holdings Limited
 
Industry:
Postal, transport and warehousing
 
Date of offence:
Between 4 April 2016 and 25 December 2016
 
Facts in brief:
Ritchies Transport Holdings Limited is New Zealand’s largest privately-owned transport operator and has been in operation for over 80 years. In addition to providing bus services, Ritchies Transport also hires out buses as charters (with a driver) or as dry hires (without a driver).

An experienced bus driver for Ritchies Transport was driving a tour group from Auckland to Gisborne (via Hamilton). During the journey the bus driver stopped in Wairoa as he told passengers there was a problem with the brakes, that they were hot and needed time to cool down. After 48 minutes, the bus then continued its journey to Gisborne.

As the bus descended Wharerata Hills, the brakes on the bus started to fail and the bus driver struggled to slow the bus down. The bus then approached a tight 45 kilometre hour advisory left hand downhill bend, making it about half way around the corner before the back end of the bus slid out sideways in an anti-clockwise direction. The bus slid across the centre line on to the Armco railing on the other opposite side of the road before rolling over on to its side and sliding on top of the Armco railing for a considerable distance.

The bus driver and nine passengers fell through the glass windows on to the road. The bus then continued over the Armco railing, sliding on its side down into a steep gulley where it finally came to rest on its left hand side, about 30 metres down on the road. Three passengers were fatally injured and many passengers sustained injuries.
 
Offence section:
Sections 36(2), 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:

Court:
Waitakere - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
$210,000
 
Maximum fine available:
$1.5 million
 
Reparation:
$750,000 – total reparation to all victims