Spa to pay $75,000 over death

Polynesian Spa, which dates to 1882, shut one of its Priest Pools after the death. Picture / Alan Gibson

One of Rotorua's most popular tourist attractions, the Polynesian Spa, has been ordered to pay $75,000 after admitting it failed to prevent the death of a woman bather three years ago.

Wanganui artist Joanna Paul, 53, was found face down in one of the spa's "Priest Pools" on May 27, 2003, and died in hospital two days later.

An Occupational Safety and Health (OSH) investigation found none of the staff administered cardio-pulmonary resuscitation before an ambulance arrived as they believed that Ms Paul had fainted.

Polynesian Spa Ltd yesterday pleaded guilty in the Rotorua District Court to breaching the Health and Safety in Employment Act 1992, admitting that it failed to take all steps to ensure that no hazard existed to patrons.

The company had earlier denied the charge.

Judge Phillip Cooper ordered the company to pay $12,000 in fines and $63,000 in reparations - $18,000 to each of Ms Paul's three children and an additional $9000 to the family for losses suffered.

Occupational Safety and Health, which brought the case against the company, had sought $30,000 to $40,000.

Judge Cooper criticised the spa's level of monitoring of the Priest Pools at the time, saying a surveillance regime existed on paper, but "in practice that regime was inadequate".

However, he took into account the company's good record, saying it was the first incident in 34 years of operation, and in that time five million people had used the pools.

He said the case had been particularly difficult since the cause of death was unknown, but he believed sentencing was necessary before the preparation of a reparations report as there had already been significant delays.

Ms Paul's sisters and her husband, Peter Harrison, were in court for the sentencing.

Mary Paul told the Herald afterwards that she was glad her sister's children had been recognised in the reparations.

"I'm pleased that they [the court] have made a figure and that's decided and that's done."

But she said it was "not over" until the coroner's inquest was completed.

Jane Paul hoped the inquest would establish more than just her sister's cause of death.

"We are really very keen that there is a full inquest that will deal with the safety and health aspect of her death - the lack of resuscitation, the fact the staff didn't know what to do, all that," she said.

Joanna Paul married Mr Harrison, her second husband, three months before she died.

Asked if he was satisfied with the sentence, he said, "I've got no way of measuring it and there's no way of putting values on such things."

Polynesian Spa's lawyer, Lyn Stevens, QC, said the amount was fair in the circumstances.

The spa's director, Martin Lobb, said: "We are deeply regretful that the incident occurred.

"We respect the decision of the court, and we believe that we have robust systems and procedures in place to prevent this type of thing occurring again."

Mr Lobb refused to comment on why the company had changed its plea to guilty, but said he was pleased the case was over. "I'm glad for the family firstly. I'm glad for my staff, who have gone through a lot in the last few years as well."

Prosecutor Shona Carr said Polynesian Spa's guilty plea had saved Joanna Paul's family from the trauma of a defended hearing, but it should have come earlier.

"Probably about two years ago it should have come, but I'm just relieved today that it has come and there's some resolution."

She said the penalty sent a strong message to pool owners of their responsibilities for patrons' safety.

"This is a public swimming complex, both for swimming and for bathing, and when people go to these complexes, they are entitled to expect that their safety is the number one consideration of the person who controls those pools," Shona Carr said.

Polynesian Spa, which is situated on the shores of Lake Rotorua, was voted one of the top 10 medical and thermal spas in the world by Conde Nast Traveller magazine in 2004 and 2005.

The spa dates back to 1882, when the country's first Government-run bathhouse was built on the site.

Several years earlier, a disabled priest, Father Mahoney, had found relief for his arthritis in the waters now known as "Priest Pool".