Ferg's Rock-n-Kayak Limited sentenced

A fine of $50 000.00 and reparation totalling $17 000.00 were imposed today on Ferg’s Rock-n-Kayak Limited in the Wellington District Court following a climbing wall accident in December 2008.

A 13 year old girl on a school trip to Ferg’s Rock-n-Kayak in Wellington was seriously injured after she fell 8.79m while rock climbing, badly fracturing her ankle and cracking her pelvis.

Following the Department of Labour’s investigation, the Department laid a charge under Section 16 (2)(b)(i) of the Health and Safety in Employment Act 1992. The charge laid in the Wellington District Court on 27 May 2009 alleged that Ferg’s Rock-n-Kayak failed to take all practicable steps to ensure that its customers weren’t harmed.

Ferg’s Rock-n-Kayak Limited subsequently pleaded guilty to the charge.

The Department of Labour Acting Central Regional Manager, Brett Murray says the accident was easily preventable.
“While the Department does not want to stop people from having positive life experiences, a school trip on a commercial climbing wall should be safe. No beginner should expect to be injured during a recreational experience on an artificial wall,” Mr Murray says.

The Department of Labour is concerned about the number of accidents in this industry and believes that the development of industry led guidelines is important to improve safety standards.

“The Department has already had discussions with Ferg’s Rock-n-Kayak who have agreed to take a pro-active role in the development of these guidelines,” Mr Murray says.