KiwiRail fined $350,000 after crew member crushed between rail wagons

The Interislander Cook Strait ferry Aratere. Photo / Mark Mitchelll

An Interislander Cook Strait ferry worker who was crushed between two rail wagons says he fears being hurt at work again and believes more could have been done to have prevented the incident from occurring.

KiwiRail Limited has now been fined $350,000 and ordered to pay the man, who has name suppression, $30,000 in emotional harm reparation.

The state-owned enterprise that operates inter-island ferries was in Wellington District Court on Wednesday.

Judge Noel Sainsbury sentenced KiwiRail on charges of failing to notify Maritime New Zealand of an event, failing to preserve the site of the event and exposing the crew member to harm.

The charges were laid by Maritime New Zealand under the Health and Safety at Work Act 2015.

The judge said the victim was working on Interislander ferry Aratere on April 9, 2021, when he was crushed between two rail wagons that were connecting on a curved track.

His right leg was wounded as a result, and although only five stitches were needed, the wound was deep and he was admitted to the hospital for observation, Judge Sainsbury said.

Following the incident, the victim was off work for three weeks and was on light duties for three months once he returned. He continues to have issues with his leg and cannot walk for long periods of time.

Lawyer Richard Belcher, who appeared on behalf of Maritime New Zealand, said there were a number of “reasonable and practicable” steps that could have been taken to avoid the incident occurring.

The actions of KiwiRail in the lead-up to the event, and after, showed a “significant departure” in industry standards, Belcher submitted.

KiwiRail failed to identify the dangers posed to the crew in such situations.

Lawyer for KiwiRail Mark Campbell said it did not seek to undermine the victim’s experience, but argued it had taken “huge numbers of steps” towards supporting the man.

This included topping up his ACC payments, providing groceries when he was in hospital, transportation and other gestures.

Campbell rejected the claim that risk assessments weren’t made with the machinery and said training and trials were done with the wagons.

“KiwiRail does have a genuine commitment to safety,” Campbell said. “It is something that KiwiRail has a real commitment to and demonstrated by the culture shift.”

It was accepted by both parties the remorse Kiwirail had shown was genuine, and that it had engaged in restorative justice with the victim.

Judge Sainsbury said moving vehicles in a confined space was “inherently dangerous” and the wagons joining at such a point was a known risk to KiwiRail, which had an obligation to mitigate that risk.

KiwiRail was also ordered to pay $20,000 in court costs.