The New Zealand Transport Agency (NZTA) is prosecuting KiwiRail over an incident where the Te Huia Hamilton to Auckland train failed to obey a red signal and risked collision with another passenger train near Auckland's Penrose last year.
The train, carrying 94 passengers, passed a red light and continued into an area where two tracks converged and an Auckland train had right of way.
According to the Transport Accident Investigations Commission (TAIC), the train damaged a set of points — moveable sections of track that transfer trains from one line to another — and came to a stop over the broken points in a zone where an oncoming train could have collided side-on.
Two charges were filed in the Manukau District Court today in relation to the incident, an NZTA spokesperson said.
"One charge alleges that KiwiRail breached its key safety duty to ensure, so far as is reasonably practicable, that its rail activities were not likely to cause death or serious injury.
"The second charge alleges that KiwiRail did not provide appropriate training and supervision of its personnel."
A first appearance hearing is scheduled for July 2 at the Manukau District Court.
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