Connected Exposures policy finalised

Source: Reserve Bank of New Zealand

The Reserve Bank of New Zealand – Te Pūtea Matua has completed a review of its Connected Exposures policy, which included two rounds of public consultation. The finalised policy has now been published and is expected to come into effect on 1 October 2023.

Fatal Ruapehu bus crash was avoidable

Source: Worksafe New Zealand

The importance of vehicle maintenance and driver training have been laid bare at the court sentencing for a deadly bus crash half a decade ago at Mt Ruapehu.

11-year-old Hannah Francis was killed and several others seriously injured when the bus, owned and operated by Ruapehu Alpine Lifts Limited (RAL), crashed while descending the Ohakune Mountain Road on 28 July 2018.

The coroner found the bus brakes overheated and failed, alongside critical errors by the driver. WorkSafe’s later investigation then discovered RAL had improperly maintained its buses and had fallen well short on training and supervising its drivers. WorkSafe charged RAL for its health and safety failures. The company is now in liquidation, but pleaded guilty in April 2023, and has been sentenced in the Waitakere District Court.

“This preventable tragedy reflects a failure to acquire the best equipment for the job. RAL knew its buses were at the limit of their capability, and acknowledged drivers should have had far more in-depth training on the risk of brake failure,” says WorkSafe’s area investigation manager, Paul Budd.

“These oversights cost Hannah her life, and led to physical injuries and lasting trauma for many of the surviving passengers. Some also have an enduring fear of getting on public transport, which is completely understandable, and will not ski or snowboard anymore.

“Any business with a vehicle fleet would do well to re-evaluate its suitability and maintenance in light of this tragedy. It’s also worth a close look at driver skills and training, especially in response to emergencies,” says Paul Budd.

Since 2020 WorkSafe and NZ Police have met monthly to review all heavy vehicle incidents where fatalities have eventuated, to ensure clarity over which agency will undertake investigations and to ensure those investigations are thorough and robust. WorkSafe is confident that this closer collaboration with Police achieves better outcomes for victims and investigations.

Hannah Francis, a victim of the 2018 Mt Ruapehu bus crash.

Statement from the Bruton and Francis families

Today is the final step in a legal process that has lasted over five years for our two families.  Hannah would now be 16 years old, and these five years have not lessened the pain of losing her, especially in the way that we did.

The hole that Hannah has left is huge. She has missed out living her life, meeting her milestones and embracing her dreams. She should be giggling, studying for her future, dreaming and living. Yet she isn’t.

Although today brings a close to the legal processes it does not bring an end to our loss. We continue to do our best to live our lives to the fullest as she would have wanted, as she did in the short time she was with us.  We love you Hannah Teresa Francis. You are with us always and will never be forgotten by so many people who loved and adored you.

Throughout this journey we have had the support of a number of professionals that have done their very best to get some resolution for Hannah. We would like to take this opportunity to thank them for their tireless efforts to make changes that hopefully mean no more innocent children die.

We would also like to acknowledge the other people on the bus that day.  This accident has also had a significant impact on their lives and should not be overlooked.

Ministers and agencies should do right by Hannah’s legacy and mandate seat belts in buses.  We ask how many children have to be hurt before something is done?

Background

  • Ruapehu Alpine Lifts was sentenced at the Waitakere District Court on 23 August 2023.
  • Reparations of $433,094.82 were ordered in relation to 17 victims, but no fine due to RAL being in liquidation.
  • Ruapehu Alpine Lifts was charged under sections 36(2), s 48(1) and (2)(c) of the Health and Safety at Work Act 2015
    • Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of other persons, namely passengers on its Mitsubishi Fuso buses, were not put at risk from work (transport to and from the ski fields) carried out as part of the conduct of the business, and that failure exposed individuals including Hannah Francis and the other passengers on Mitsubishi Fuso Bus CDJ298 during the relevant period (along with other road users at the time) to a risk of death or serious injury.
  • The company was also charged under sections 36(1)(a), 48(1) and 48(2)(c) of the Health and Safety at Work Act 2015
    • Being a PCBU, failed to ensure so far as was reasonably practicable, the health and safety of workers who worked for the PCBU, while the workers were at work driving its Mitsubishi Fuso buses, and that failure exposed individuals including, Sung-Pil (Terry) Choi (and other employees who drove the Mitsubishi Fuso buses during the relevant period) to a risk of death or serious injury.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Poacher who sold 4,664 crayfish valued at nearly $300,000 sentenced to over two years in prison

Source: Ministry for Primary Industries

A Wairoa man who poached crayfish that had a commercial value of nearly $300,000 has been jailed for 2 years and 2 and a half months.

John Nohotima (60) was today sentenced in the Wairoa District Court on one representative charge for the offending following a successful prosecution by the Ministry for Primary Industries.

He sold 4,664 recreationally-harvested crayfish to a black-market ring, and other people in his wider local community, for $68,690.

Other members of the black-market ring were sentenced in March to home detention and community work. Meanwhile, Mr Nohotima’s sister, Anne Nohotima (53) was sentenced to 100 hours community work in the Tauranga District Court today for her part in the crayfish poaching. She sold 210 crayfish that her brother poached. 

Fisheries New Zealand regional fisheries compliance manager Jodie Cole says Mr Nohotima was the key to the poaching ring’s operation.

“Mr Nohotima used falsified customary permits to illegally harvest this crayfish with around 16 craypots, fishing from the waters near Mahia Peninsula. The crayfish was on-sold to the Kawerau based ring-leaders who distributed the crayfish throughout Auckland, Kawerau, Tauranga, Gisborne, Wairoa, Mahia and Napier.

“It was organised offending involving a number of people. The poaching ringleader, Martin Te Iwingaro Ernest Paul (49) who was earlier sentenced to 9 months home detention, would provide details of often fictious events to Mr Nohotima who would use these to obtain customary permits from Kaitiaki.

Mr Nohitima used different Kaitiaki to hide the number of crayfish he was harvesting. In all he gained 72 permits between 28 December and 21 July 2021, and he sold the crayfish between 1 September 2020 and 1 August 2021. 

“Local iwi and marae leaders had no knowledge or involvement in the offending and are also victims of this deception. Not all permits gained were for fictious events, however our evidence found the legitimate permits were also used to sell crayfish illegally. The commercial value of the crayfish taken was $298,517,” Jodie Cole says.

Mr Cole says a large amount of the stolen crayfish was sold by the poaching ring at a fraction of the legitimate market price.

“If you’re offered seafood at a price that appears too good to be true – assume it was probably harvested illegally. We’d advise not to buy it, and to let us know who offered it to you,” Jodie Cole says. 

Upon conviction, a range of equipment including cell phones, craypots, vehicles and a 6m fibreglass boat and trailer were forfeited to the Crown. 

“Poachers have no regard for the sustainability of our fisheries. We encourage anyone who has information about illegal fishing of any kind to report it through the Ministry for Primary Industries’ 0800 4 POACHER line (0800 47 62 24).”

Homegrown Juice Company’s ginger kombucha recalled due to possible presence of glass pieces

Source: Ministry for Primary Industries

New Zealand Food Safety is supporting The Homegrown Juice Co in a recall of a specific batch of its Raw Kombucha Sparkling Ginger due to the possible presence of foreign matter.

“Due to an issue with bottling equipment, there may be some glass pieces inside bottles of Homegrown Juice Co Raw Kombucha Sparkling Ginger with a best before date of 17/08/24,” says New Zealand Food Safety deputy director-general Vincent Arbuckle.

The affected products are sold in a 350ml bottle at retail outlets and supermarkets nationwide.

Visit New Zealand Food Safety’s recall page for more information.

If you have bought any of the affected product, do not consume it. It can be returned to the place of purchase for a refund. Should you be unable to do this, throw it out.

If you have consumed any of this product and are concerned for your health, contact your health professional, or call Healthline on 0800 61 11 16.

New Zealand Food Safety has not received any notifications of associated injury. 

The products have been removed from store shelves and have not been exported.

“As is our usual practice, New Zealand Food Safety will be working with The Homegrown Juice Co to understand how the problem occurred and prevent its recurrence,” Mr Arbuckle said.

Sand boarding death puts sad new perspective on customer care

Source: Worksafe New Zealand

The health and safety of customers must be a priority for businesses, WorkSafe New Zealand says, in light of a horrific sand boarding incident which killed a tourist on a family holiday in the Far North.

Jin Chang Oh was boarding the giant sand dunes at Te Paki when he slid into the path of a moving bus in February 2019. The South Korean national had been on a tour run by Sand Safaris 2014 Limited. His death was witnessed by his wife, son, daughter in law, and granddaughter.

A WorkSafe investigation found the company ineffectively identified and controlled the hazards and risks of sandboarding; it had not ensured riders were kept safe from vehicles and did not have an effective traffic management system in place.

Judge Philip Rzepecky agreed, saying “a clearly identifiable hazard” was overlooked and Mr Oh was “not to blame at all for what happened to him”. After a trial late last year the company was found guilty of health and safety failures, and has now been sentenced.

“The facts of this sad case speak for themselves. Allowing high-speed leisure activities to take place in such close proximity to moving vehicles without tightly managing the risks is asking for trouble,” says WorkSafe’s area investigation manager, Danielle Henry.

“Sand Safaris should have learned from an incident at the same location three years earlier, where a person sandboarding with another company was run over and seriously injured.

“Operators not only have a responsibility for their workers, but also their customers, and must not lose sight of that. While we want thrill-seekers to enjoy themselves, it’s critical that risks are not overlooked and businesses do what they can to keep people safe,” says Danielle Henry.

Read more about WorkSafe prosecutions


Background:

  • Sand Safaris 2014 Limited was sentenced at the Whangārei District Court on 21 August 2023
  • A fine of $200,000 was imposed, and reparations of $182,209.33 were ordered
  • Sand Safaris was charged under sections 36(2) and 48(1) of the Health and Safety at Work Act 2015
    • Being a PCBU having a duty to ensure, so far as is reasonably practicable, the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, did fail to comply with that duty, and that failure exposed individuals undertaking sand boarding activities, including Jin Chang Oh, to a risk of death or serious injury.
  • The maximum penalty is a fine not exceeding $1.5 million.

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Safety commitment agreed after sea cave ordeal

Source: Worksafe New Zealand

A Northland dive operator has committed more than quarter of a million dollars to putting things right after school children were put in danger of drowning on one of its trips.

Dive! Tutukaka Limited facilitated the kayaking and snorkeling trip for Tauraroa Area School in the Poor Knights Islands Marine Reserve in December 2020.

WorkSafe New Zealand investigated after two children became stuck in a sea cave when their shared kayak capsized in rough swells. One got her feet trapped in a crevice and was submerged each time a wave entered the cave. Her rescuer then got stranded on a ledge with the other young kayaker until a rescue helicopter could arrive two hours later. Both children were left emotionally traumatised by the experience.

In response to the incident, Dive! Tutukaka has entered into a legally binding safety pledge, known as an enforceable undertaking, which WorkSafe has accepted. The commitment includes:

  • Reparations to the two young victims
  • Professional development and training for Dive! Tutukaka workers
  • Funding and training for the Northland rescue helicopter, Tutukaka Coastguard, and water confidence programmes for local rangatahi
  • Partnering with Education Outdoors New Zealand to upskill providers who work with schools.

“The investment Dive! Tutukaka will make exceeds what even the courts may have ordered in penalties. This demonstrates a substantial commitment to health and safety, with benefits circled back to the community, workers, and the industry,” says WorkSafe’s acting Head of Specialist Interventions, Catalijne Pille.

WorkSafe will regularly monitor progress on the conditions which have been agreed and can resume prosecution if the commitment is not upheld.

“In light of this incident at the Poor Knights Islands, and the recent fatality at Abbey Caves, this commitment is a timely boost for the outdoor education system. Students should be able to participate in activities safely, and parents must have confidence their rangatahi will be kept safe,” says Catalijne Pille.

Tauraroa Area School’s Board of Trustees was sentenced in December 2022 in the Whangārei District Court for its health and safety failures.

Read more about the Dive! Tutukaka enforceable undertaking
Read about the sentencing of Tauraroa Area School
Find out more about enforceable undertakings

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Workplace explosion was no joke – a warning to all

Source: Worksafe New Zealand

WorkSafe New Zealand is urging workplace pranksters to keep health and safety top of mind, following an explosion that badly burned five workers in central Auckland.

In August last year, a barbeque gas bottle was mistakenly left running overnight in a shipping container on a Wynyard Quarter construction site. The next morning workers from subcontractor Vuksich and Borich opened the container to start work for the day. They could smell gas, and one of the workers joked about igniting his lighter. When he did, the gas caught fire and exploded.

WorkSafe’s investigation established this was a workplace prank gone wrong. All five workers, including the man himself, were burned. He deeply regrets his actions and has participated in restorative justice with the other victims.

“Being safe at work is a responsibility shared by both the employer and the employee and no one should be harmed because of a prank or joke gone wrong,” says WorkSafe’s area investigation manager Paul Budd.

“Our message is not about banning barbeques or restricting workplace socialising, but about keeping health and safety in mind whether you’re on the clock or taking a break together.

WorkSafe’s Energy Safety team says the incident is a reminder of the risks that exist with gas and the consequences that can follow. Energy Safety is the regulator for ensuring the safe supply and use of electricity and gas anywhere energy is used in Aotearoa, including workplaces.

“If you smell gas anywhere, take it seriously,” says Energy Safety’s technical officer, Paul Stannard.

“In some of the most significant gas-related events that have come to the attention of Energy Safety in the last few years, people have smelled gas but may not have recognised it as a warning sign.”

Be careful, don’t use flames or mobile phones, don’t turn on electrical appliances, leave the area and call the gas supplier or 111.

“WorkSafe took enforcement measures in the immediate aftermath of the explosion, after identifying issues related to gas bottle storage and worker training which Vuksich and Borich complied with. To further strengthen its safety management system, the company has since introduced a barbeque permit procedure and prohibits storage of gas cylinders or gas bottles inside shipping containers,” says Paul Budd.

“In relation to the incident itself we won’t carry out further enforcement, because prosecuting an individual or organisation is not in the public interest in this instance.

WorkSafe acknowledges Vuksich and Borich for the ongoing support it provided to the injured workers, as well as their cooperation throughout the investigation.

Read more about responding to gas leaks (www.worksafe.govt.nz/gas-leaks)

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Aquaculture decision for a proposed marine farm in the Coromandel Marine Farm Zone

Source: Ministry for Primary Industries

Have your say

Fisheries New Zealand has been requested to make an aquaculture decision on a proposed marine farm within the Coromandel Marine Farm Zone (CMFZ) located in the inner Hauraki Gulf. Fisheries New Zealand invites submissions from people whose customary, recreational, or commercial fishing may be affected by the proposed marine farm.

Consultation document

Marine farm application in CMFZ – background [PDF, 894 KB]

Related document

In making an aquaculture decision, Fisheries New Zealand assesses the effects of a proposed marine farm area on fishing through the undue adverse effects test (UAE test).

Information sheet on the undue adverse effects test on fishing [PDF, 243 KB]

Making your submission

The closing date for submissions is 5pm on 12 September 2023.

Email your submission to uae@mpi.govt.nz

While we prefer email, you can post your submission to:

Aquaculture and Fisheries Permitting
Verification and Operations
Fisheries New Zealand
Private Bag 14
Nelson 704.

Have your say on the M. bovis Eradication National Pest Management Plan

Source: Ministry for Primary Industries

Farmers are being encouraged to have their say on a proposal to move the Mycoplasma bovis (M. bovis) eradication programme into a National Pest Management Plan (NPMP) as the cross-sector effort moves to a new phase. 

M. bovis governance group independent chair Kelvan Smith says eradication partners – DairyNZ, Beef + Lamb New Zealand, and the Ministry for Primary Industries – are seeking farmers’ views on the NPMP. 

“All our evidence indicates we are in the tail end of the outbreak, meaning we are focused on building evidence that M. bovis is not present, rather than tracing risk events associated with active infection in our national herd,” says Mr Smith.

“With no active confirmed infection in New Zealand we have made good progress, but it hasn’t been easy getting here. The 3 partners recognise this and want to ensure that the ongoing activity causes minimal disruption to farmers.

OSPRI has been nominated as the management agency in the NPMP proposal.

“With natural synergies in running the M. bovis Programme alongside National Animal Identification & Tracing (NAIT) and the TBFree Programme, there is potential for up to $15m in savings across the 3 programmes.

“We all know how crucial the NAIT system is for the timely tracing of cattle that may have been in contact with infected cattle, and the programme can achieve efficiencies by aligning some aspects of M. bovis testing alongside TB testing.

“By combining resources and capability, it will allow the programme to continue to adapt to the work that remains ahead of us and help strengthen New Zealand’s biosecurity system,” says Mr Smith.

“The efforts and sacrifices of farmers cannot be overstated, and the improvements we’ve seen to on-farm biosecurity is heartening. Farmers have been significantly impacted by M. bovis but have also played a key role in the programme making the progress it has. We owe it to the wider sector to continue building on these successes.

“The current administrative model has worked well, providing the necessary support and resources to get us to where we are now. With the next few years focused on background surveillance, a different model, and some different capability, is required to ensure we are getting the best value for the taxpayer and farmer levy payers.”

While it is expected farmers and rural groups directly affected by M. bovis will notice very little difference under the proposed model, programme partners are seeking feedback on some key changes including:

  • Establishment of a National Plan, with OSPRI appointed as the agency to administer the programme and manage disease to achieve eradication.
  • Formalising disease control activities through a set of 15 rules to support the eradication objective.
  • New reduced National Plan levy to finance the remainder of the programme.

“The NPMP is open for consultation today and we want to hear from New Zealanders to ensure we end up with a model that works for everyone, especially our farmers who are most impacted by M. bovis,” says Mr Smith.

“While there is currently no known active infection, it is possible more will be identified before we can declare the job is done and the proposal includes contingency arrangements for OSPRI to eradicate any small numbers of cases of infection subsequently identified in future.”

Feedback on the draft proposal is being sought from the public, especially from those who play an important part in the ongoing success of the eradication effort including farmers, meat and dairy processors, testing labs, and vets. All are invited to provide feedback during public consultation from 14 August to 25 September 2023.

“We believe our proposal will ensure the programme continues to adapt to the work that remains ahead and make the most of the significant gains made to-date. We look forward to reviewing the feedback from the consultation.”

Background information

M. bovis Programme numbers, 14 August 2023

  • Active Confirmed Properties – 0
  • Cleared Confirmed Properties – 280
  • Notices of direction (NOD) applied to properties – 2,674
  • Tests completed – 3,288,732
  • Compensation – total paid – $256.2 million
  • Compensation claims paid – 2,901

Fortifying bread-making flour to protect babies is mandatory from today

Source: Ministry for Primary Industries

In an important step to protect babies from serious birth defects, all non-organic wheat flour for bread-making must be fortified with the B-vitamin folic acid from today.

“Folic acid fortification will quite literally save lives in New Zealand,” said New Zealand Food Safety deputy-director general Vincent Arbuckle. “Folic acid is proven to reduce the prevalence of Neural Tube Defects (NTDs), which can be life threatening for babies, or cause life-long disabilities.

“And as Māori and Pasifika babies have higher rates of NTDs, fortifying bread will particularly benefit these communities.”

NTDs are a group of birth defects in which the brain and spinal cord have not developed properly. NTDs can be life-threatening for unborn babies during pregnancy, and people who live with an NTD can have severe disabilities.

Folate is an essential B-vitamin that is needed for healthy growth and development, particularly for the healthy development of babies during early pregnancy. Folic acid is a synthetic version of folate.

“More than 80 countries, including Australia, the United States, and Canada, have safely introduced mandatory folic acid fortification with excellent results,” said Mr Arbuckle.

Manatū Hauroa/The Ministry of Health advises that folic acid tablets should be taken from four weeks prior to conception, and for 12 weeks after, to reduce the risk of NTDs. Fortifying bread with folic acid is an effective way of reducing NTDs, and can benefit people who have an unplanned pregnancy.

“Bakers here have been fortifying bread with folic acid under a voluntary scheme for about 10 years, and currently about 40% of the packaged bread in supermarkets is already fortified. Moving to mandatory fortification will result in greater public health benefits,” said Mr Arbuckle.

“In Australia and other countries, we’ve seen success in reducing NTDs following the introduction of mandatory folic acid fortification of bread-making flour. Australia introduced this in 2009, and NTD rates subsequently fell 14% in the general population, 55% in teenage pregnancies, and 74% in indigenous populations.”

Organic bread, bread or flour made from other grains, and wheat flour not specifically intended for bread-making (such as for biscuits, cakes, pastry, and pizzas) does not need to be fortified, providing a choice for consumers who don’t want to consume folic acid.

For more information email: NZFoodSafety_media@mpi.govt.nz