Outdoor Pursuit Centre pleads guilty to Mangatepopo Gorge charges
Media Release
22 January 2009
The Sir Edmund Hillary Outdoor Pursuit Centre (OPC) is pleading guilty to two charges laid over an accident in the Mangatepopo Gorge on April 15, 2008 that claimed the lives of six students and one teacher from Elim Christian College.
“OPC has informed the Department of Labour and the Taumarunui District Court that it will plead guilty to two charges laid under the Health and Safety in Employment (HSE) Act,” said Department of Labour Group Manager Workplace Services Maarten Quivooy.
OPC is pleading guilty to one charge under Section 6 and 50(1)(a) of the HSE Act that, as an employer, it failed to take all practicable steps to ensure the safety of its employee, Jodie Sullivan, while at work. Jodie Sullivan was the OPC instructor who led the high school group into the Gorge.
The second charge, under Section 15 and 50(1)(a), is that OPC as an employer, failed to take all practicable steps to ensure that no action or inaction of Jodie Sullivan harmed any other person.
“The Department acknowledges that this is likely to be a difficult time for the families and survivors of this accident, and our thoughts and sympathies are with them,” Mr Quivooy said.
“Families of those who died in the accident, and families of the survivors, were told about the OPC plea at meetings held over the last few days. Department staff attended the meetings to provide information and to answer questions about what will happen next.”
The case will now be adjourned until sentencing. A sentencing date has yet to be set by the Taumarunui District Court.
OPC originally faced four charges. However, one charge under Section 10 of the HSE Act was withdrawn because the Department considered that OPC’s culpability was adequately reflected by its guilty plea to the two charges.
A Section 16 charge was laid as an alternative to the Section 15 charge, so conviction on both charges was not sought. Once OPC pleaded guilty to the Section 15 charge, the Department decided to withdraw the Section 16 charge.
As this matter is still before the court no interviews or further comment will be provided.
ENDS
Why the Department is involved
The Department investigates when people are killed or seriously injured in a workplace, and in this case the Mangatepopo Gorge is considered a workplace.
These investigations try to identify what factors led to the accident, whether anything could have been done under the circumstances to prevent it, and what steps can be taken to prevent a similar accident in future.
Potential penalties
The maximum penalty under the Act is a $250,000 fine for each offence. However, penalties imposed by the courts can depend on several factors, including the financial means of the offender, any amounts awarded as reparation and the outcome of any restorative justice process.
An audio version of the quotes in this release is available to download from our website (see Downloads, top right column)
Editor’s Note
Please note that health and safety services, formerly referred to as Occupational Safety and Health (OSH) should now be referred to as the Department of Labour.
