Skifield operator fined over $500,000 for instructor's death

A skifield operator in New Zealand has been fined over $500,000 over the death of a former ski instructor four years ago.

Queenstown District Court imposed a fine of $440,000, as well as reparations of $130,000 on NZSki Limited on Tuesday, following the passing of 60-year-old skier Anita Graf-Russell at Coronet Peak in September 2019.

According to WorkSafe, the skier collided with a wooden fence post at the bottom of Sugar's Run.

Judge Geoff Rea found NZSki Limited guilty of breaching its own health and safety obligations, ruling that it failed to ensure that its workplace was without risks to the health and safety of any person, including Graf-Russell.

Risk assessment failures

WorkSafe said NZSki's risk assessment failures were "central" to the death of Graf-Russell.

Previously, a risk assessment from a ski patrol staffer gave an area in Coronet Peak a 10 out of 10 risk score.

The assessment, which was made in 2014, pointed out that there are "28 fence posts, metal deer fencing, and strainers in the area being very likely to be skied into at high speed." It also noted that "several serious harm injuries have occurred already" in the area, with "many near misses."

Steve Kelly, WorkSafe's area investigation manager, said NZSki failed to control the risk that emerged from the fence they installed around an area that led towards a water reservoir.

"The bottom line is if you create a risk, you need to assess it and control it," Kelly said in a statement.

According to the official, operators have no excuse from failing to manage risks in their workplace, even if a hazard has already appeared "commonplace."

"Taking the time to go through a proper risk assessment process makes sense, especially in seasonal industries," Kelly said. "Operators like this have a duty of care to not only their employees but also members of public, who are paying customers. Businesses and organisations must not lose sight of that."