Queenstown Skifield operator NZSki has been fined $570,000 following the death of a skier who collided with a fence post at Coronet Peak four years ago.
Anita Graf-Russell, a former ski instructor, was skiing with friends when she hit a wooden fence post at the bottom of Sugar’s Run on the morning of September 21, 2019.
The 60-year-old grandmother died of blunt force trauma following the incident.
Operator NZSki Limited was imposed a fine of $440,000, and reparations of $130,000 were ordered after it was sentenced today in the Queenstown District Court.
It comes after a WorkSafe investigation uncovered a 2014 document from a ski patrol staffer referring to "28 fence posts, metal deer fencing and strainers in the area being very likely to be skied into at high speed".
"Several serious harm injuries have occurred already. Many near-misses," it read. The staffer stated the risk score as 10 out of 10.
NZSki Limited had been found guilty of breaching its health and safety obligations in August.
In his decision, Judge Geoff Rea ruled the company had been put on notice of serious safety issues concerning the fence, but had not carried out an adequate risk assessment for the fence since 2014.
WorkSafe area investigation manager Steve Kelly said NZSki, "created a risk by having a ski run sloping towards a water reservoir, but did not control the subsequent risk of the fence they installed around it".
"The bottom line is if you create a risk, you need to assess it and control it," he said.
"Skiing is obviously a leisure activity, but that doesn't excuse operators from failing to manage risk. You might be seeing a hazard in front of you so often it’s commonplace. But taking the time to go through a proper risk assessment process makes sense, especially in seasonal industries.
"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."
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