Ferg's fine over fall cut on appeal

Former Olympic kayaking champion Ian Ferguson's company has had its fine reduced on appeal after being found guilty of failing to keep a client safe on one of its rockwalls.

Amelia Peter, who was on a school course at Ferg's Rock-n-Kayak in Wellington, suffered a seriously broken ankle and broken pelvis when she fell from the rockwall in 2008.

The company, in which Ferguson is a shareholder, had pleaded guilty to failing to take all practicable steps to prevent her fall. It was fined $50,000 and ordered to pay Ms Peter reparation of $17,000.

That fine has now been cut by $5000 to $45,000 after an appeal to the High Court in Wellington.

Ferg's Rock-n-Kayak claimed that the District Court had failed to give a discount for remedial steps it had taken since the accident, for its remorse and co-operation and because it had arranged insurance for reparation.

At the appeal hearing, Justice Ron Young was told that Ms Peter expected to be lowered to the ground through a (self-braking) belay device operated by her school friend.

"Her friend had not properly understood the safety instructions from the appellant," Justice Young said.

He said that the company now accepted that it was "simply not good enough" to rely on a general instruction to 12 and 13-year-old boys and girls.

Justice Young said that the company "had faced its inadequacies" and had taken remedial action.

It had received a 30 per cent reduction for its early guilty plea but was entitled to a further 10 per cent discount.

The judge said that while the company had responsibly taken out an insurance policy for reparation, it was not a mitigating factor.

The reparation award was unaffected.

- NZPA