The company was made to pay the woman after it admitted a breach of the Health and Safety at Work Act 2015, following an incident in February last year.
In the Queenstown District Court today, Judge Russell Walker also fined the company $160,000 — to be paid at $4000 per month, from next April — and ordered it pay $9000 in costs to Maritime New Zealand.
On February 27 last year, the victim, who was granted name suppression, was on board the Spirit of Queenstown, cleaning internal windows ahead of the vessel departing for Mt Nicholas. She was employed in the food and beverage department.
While preparing to kneel on seats inside the boat, she took a step backwards and fell 2.1 metres down an open hatch.
The woman was not aware the hatch was open and no barriers existed to prevent her fall.
At the time, crew on board the boat were inducted, but staff — such as the victim — were not.
The process at the time for an open hatch was for one staff member to call out ‘‘open hatch’’, and other crew and staff on board to repeat that back, to acknowledge understanding of the hazard.
While there were cones on board the boat, they were not placed by the open hatch at the time.
Immediately following the incident, process were changed, Judge Walker said.
‘‘Simply requiring the crew to call out the words ‘hatch open’ to other crew members ... in my view, was completely inadequate.
‘‘To give Southern Discoveries credit, however, it accepts measure in place were not sufficient, which is why they immediately instigated changes.’’
Resulting from the fall, the victim sustained an anterior wedge compression to her T12 vertebrae.
While no surgery was required, she was fitted with a back brace.
The woman was ultimately made redundant by the company in the wake of Covid-19 because the Mt Nicholas Farm excursions were no longer operating.
Addressing Judge Walker this morning, the woman said the company’s ‘‘negligence has ruined my life’’.
‘‘I can still remember the second of my fall and how ... I felt when I landed on my back.
‘‘I heard the sound of my vertebrae breaking.’’
She feared she had been paralysed for life.
‘‘I still remember being worried about the company’s reputation, because the incident caused a substantial delay [to its operations].’’
The woman said she used to be fit and healthy, but could no longer participate in the activities she enjoyed, including skiing and running.
Her mental health had also suffered as a consequence, and she had difficulty sleeping.
‘‘I used to be strong and self-confident ... I am different.
‘‘My life quality and wellbeing are ruined due to the negligence of this company.
‘‘I fully understand the important role of the company in a society and in this community.
‘‘Companies function because of people, and the legislation has been created to protect all of us.
‘‘Because I did not die, because I will walk and I am a very positive person, when the pain comes back I say to myself, ‘I am very lucky because I’m still alive’.
‘‘My question, your honour, is am I?’’
In sentencing, Judge Walker said it was evident the woman felt ‘‘let down, forgotten and abandoned by what she says was an uncaring employer’’.
She essentially felt as though she had been forced into early retirement, given it was difficult for her to gain other employment due to the nature of her injury.
However, he said it was ‘‘evident’’ from a restorative justice report Southern Discoveries’ chief executive Tim Hunter ‘‘does not necessarily share the view of [the victim]’’.
It was clear, he said, there had been ‘‘a degree, at least’’ of misunderstanding and miscommunication between the parties, Judge Walker said.
He ordered the emotional harm reparation and ‘‘consequential costs’’ to the victim — to be calculated between the defence and prosecution — to be paid within seven days.
