Resort deck not maintained
A ‘‘deteriorated’’ balustrade on the deck of a Marlborough Sounds resort was ‘‘an obvious and ongoing risk’’ when it collapsed in 2017, sending four men crashing to the ground.
The men were enjoying a predinner beer on the deck before the accident which left one man seriously injured with a broken back.
Two others suffered moderate injuries.
A court has heard the then owners of the Portage Hotel Resort put people at ‘‘risk of death or serious injury’’ because they failed to maintain the balcony before the accident.
Judge Ian Mill said, in the Blenheim District Court on Wednesday, the 30-year-old balustrade was at a height which allowed people to sit or lean on it. It had been inadequately fixed and no ‘‘preventative maintenance’’ had been done to ensure it was safe.
Portage Management Limited, who owned and operated the Portage Resort Hotel, were found guilty by way of formal proof and convicted.
They were found to have breached the Health and Safety at Work Act, by failing to ensure, so far as is reasonably practicable, the workplace was without risks to the health and safety of any person.
The directors of Portage Management are Barry and Laina Walters, who purchased the premises under the Tirohanga Group, in May 2012.
No-one from the company, which is now in liquidation, was present in court on Wednesday.
The company was prosecuted by Worksafe New Zealand after an investigation was conducted by inspector Russell Young.
Portage Management was set up to manage the day-to-day operation of the Portage Hotel Resort. They employed six workers including a part-time handyman.
On October 20, 2017 about 7pm, the men were meeting for their regular dinner and drinks at Portage.
Three men were leaning on the barrier when the northern section gave way.
Ralph Jones was airlifted to Nelson hospital by the Nelson Marlborough Rescue helicopter.
Mike Fitzgibbon and Rod Eatwell were taken to Wairau Hospital in Blenheim with moderate injuries.
Fitzgibbon was knocked unconscious and fractured his collar, wrist and thumb, while 89-year-old Eatwell had cuts.
Young’s investigation concluded that the fixings of the railing were inadequate, had failed over time and ultimately the barrier on the deck was not fit for purpose.
He found the barrier had not been maintained, had gone unchecked and ‘‘presented an obvious and ongoing risk’’.
Based on Young’s observations and interviews, staff would check the decking for nails from time-to-time, but there was no sign of instructions to check the barrier.
Judge Mill said the barrier ‘‘deteriorated over time’’, partly due to the raising of the height when they renewed the deck.
Judge Mill would sentence Portage Management Limited on January 28.
The property is under new management after tourism company THC Group took over management of the Portage Hotel in February this year.
Ultimately the barrier on the deck was not fit for purpose. Worksafe New Zealand investigation