Council changes plea in mower death

Uetaha Dahtanian Ransfield-Wanoa was killed in a horrific mower accident

Hastings District Council has changed its stance and pleaded guilty to breaching health and safety laws, after a 4-year-old boy was killed in an horrific tractor-mower incident.

Uetaha Dahtanian Ransfield-Wanoa died on October 8, 2013, when he was run over by a council mower at Kirkpatrick Park in Hastings.

Yesterday, the council changed their plea after initially entering a not guilty plea in July 2014 to breaching the Health and Safety in Employment Act 1992.

Hastings Mayor Lawrence Yule has previously told Hawke's Bay Today that the not guilty plea was to ensure full disclosure of all the evidence in the case.

Following a discussion with Worksafe New Zealand, the council accepted that it failed to take all practicable steps to ensure that its employee did not act in such a way as to harm another person.

The charge carries a maximum penalty of a $250,000 fine.

Yesterday, Mr Yule said Uetaha's family and the driver had been informed of the council's change of plea.

"This was an absolute tragedy. A young boy lost his life and a good council employee had his career end in a very sad way.

"All you can do is look to prevent something like this from ever happening again."

He couldn't comment further while the case was still before the courts or speculate whether the sentencing judge would order reparation for Uetaha's family.

Ross David Pollock, the driver of the tractor, pleaded guilty last May to driving a vehicle dangerously and on July 11 was sentenced to six months' home detention, 100 hours' community work, disqualified from driving for three years and ordered to pay $5000 reparation.

The senior driver, who and been with the council for 13 years, expressed his regret and was "full of sadness" during his sentencing, after retiring from council duties a month earlier.

Later, Pollock, who had no previous convictions and a clean driving record, successfully appealed the period of driving disqualification imposed.

The three years' disqualification was quashed and a period of 18 months' imposed in lieu.

In a statement yesterday, the council said it is fully committed to providing a safe workplace and the safety of the public is absolutely paramount and "deeply regrets" the tragedy.

Since the incident, the council said it has reviewed its safe operating procedures for all mowing operators and improved the training and supervision of drivers.

"Safety protocols are more clearly explained ... and all mowers are instructed to leave a clear radius of 30 metres."