Company fined over death of tourist

Emily Louise Jordan
Emily Louise Jordan
A Queenstown river boarding company was fined $66,000 and ordered to pay reparations of $80,000 in the Queenstown District Court yesterday after admitting it did not take all practicable steps to ensure the safety of English tourist Emily Louise Jordan (21) and other customers on a whitewater trip down the Kawarau River on April 29, 2008.

Ms Jordan drowned after becoming trapped against a rock during a commercial river boarding trip run by Black Sheep Adventures Ltd, trading as Mad Dog River Boarding.

The company pleaded guilty to two Health and Safety Act 1992 charges on Monday. Another charge, relating to employee safety, and three similar charges against managing director Brad McLeod were withdrawn.

Ms Jordan's father, Chris Jordan, said the sentence was "very different" from that in the United Kingdom where prison would have been possible.

However, he knew it was "in line" with similar New Zealand cases and what he had been expecting.

"I can't come here and change the sentencing [system] . . . but it is an issue," he said.

Judge Brian Callaghan agreed with Maritime New Zealand prosecution counsel that the company's offending was at the high end of "medium . . . culp-ability" and started with a combined base fine of $100,000 for the two convictions.

He took into account that Ms Jordan had died, that the rock had not been identified as an entrapment hazard, the vulnerability of the victim and that there should have been both more warning as to risk and more training in the river before tackling rapids.

An additional $10,000 was added for aggravating features of the company's offending - that it had been "isolationist" in its safety training and had failed to consider the standards of the industry.

Judge Callaghan then reduced the total fine by 40% for mitigating factors, including accepting defence counsel Michael Parker's submission that there had been legal issues with pleading guilty earlier, despite not knowing what the issues were.

He also took into account the company's "favourable previous safety record", that it had co-operated with investigators, had taken steps since the accident to improve its safety procedures and equipment, Mr McLeod had shown remorse and reparations were to be paid.

The final fine for each charge was $33,000.

A condition imposed was that Black Sheep Adventures not liquidate before the fine was paid in full.

The reparations to the family included $20,000 towards the costs of coming to Queenstown to take Ms Jordan's body home and Mr Jordan's return to New Zealand for the hearing last week.

Mr Jordan and his wife, Sarah, were also to receive $40,000 (16,336) of the emotional harm reparation.

They were also given charge of $10,000 intended for the benefit of their autistic son, Alexander.

The final $10,000 was directed to Ms Jordan's sister, Lucy.

Mr McLeod would not make a comment to media yesterday.

Maritime New Zealand maritime investigations manager Steve van der Splinter said he was pleased the prosecution had resulted in convictions, which was a "wake-up call to others in the whitewater industry".

He would not comment on the level of fines imposed.

"It is not our role to say we are happy or unhappy . . . the sentence was in line with previous sentences," he said.

Queenstown Rafting managing director Tim Barke said any safety incident in the adventure tourism industry caused operators to review their safety practices.

He said since Ms Jordan's death there had been a greater level of co-operation within Queenstown's whitewater industry, which he believed had improved safety.

 

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