$21,000 fine for rafting death

The former owner of the Wairarapa Outdoor Pursuits has been fined $21,000 following the death of an 18 year-old student during a rafting trip in March.
Lydia Faitafa Su'a drowned last March in the Waiohine River, resulted in the former owner of Wairarapa Outdoor Pursuits, Bill Taylor being convicted on two counts of failing to comply with provisions of the Health and Safety in Employment Act 1992 in that he "failed to take all practicable steps to ensure that no action or inaction of any employee while at work, harms any other person".
Mr Taylor was fined $21,000 with $15,000 to be given to Miss Su'a's mother.
In court were her brother, sister, brother-in-law and two nephews. The charges were laid by the New Zealand Maritime Safety Authority and during its submissions in court, emphasis was made to the quality of the lifejacket, which was provided to Miss Su'a.
Because of her size she was unable to fit into the regulation lifejackets type 408 of 'high buoyancy' being issued to everyone else.
Instead she was given a type 403, which was half the buoyancy capacity of a 408. Judge Ian Mill said, in his opinion, this was an unfortunate decision.
Miss Su'a from Upper Hutt, was one of a group of 17 students undertaking a travel careers course. Wairarapa Outdoor Pursuits had been employed to take the group white water rafting down the Waiohine River.
The students had done the rafting part of the exercise and were offered the chance to 'free-float' through some rapids.
Supervisor, Peter Gray demonstrated and checked the rapids by going down himself and then waited to collect the students after their free-float.
Four students went down the river and when it was Miss Su'a's turn, she went into the water and quickly disappeared, being trapped by a submerged log.
Despite repeated efforts by the two leaders, it was about an hour before Miss Su'a's body was taken from the river.
The court heard in his defence that Mr Gray was a senior instructor with extensive outdoor recreation experience, he was involved with search and rescue, the Crippled Children Society and he taught at several local schools.
The condition of the Waiohine River was considered before the exercise took place.
There had been a major flood in February 2004 and a further smaller one five days before, at the beginning of March.
The river had cleared enough to be able to see the bottom and there was only slight dis-colouration.
Judge Mill acknowledged that Mr Taylor's guilty plea for the shortcomings in procedure but said this did little to help the family.
The maximum possible penalty is a fine of $250,000. When imposing the $21,000 fine on Mr Taylor as company owner, Judge Mill stressed the compensation component of $15,000 to the mother.
"This is not putting a price on her (Miss Su'a's) head, that life is priceless, but it may be some comfort for the harm that has been caused.