A Manawatu river rafting company has been found guilty of failing to ensure the safety of a trainee guide who drowned when the raft he was on flipped on the Rangitikei River.
Tor Prestmo (24), from Norway, drowned in October 2007 when he was swept under water after a collision between two rafts on a grade five rapid on the river.
The Maritime Safety Authority laid 11 charges against River Valley Ventures Ltd, its director Brian Leadson Megaw and rafting manager Koryn John Gould under the Health and Safety in Employment Act.
In a ruling released today, Judge Gregory Ross convicted the company on three charges relating to failing to ensure the safety of its employees, and failing to ensure no hazards arose in the workplace that could harm people.
Judge Ross found two charges of being in control of the company at the time of the incident, and failing to take practical steps to ensure no hazards arose for employees faced by Mr Megaw were proved.
Mr Gould was found guilty of one charge of failing to ensure Mr Prestmo's safety.
But Judge Ross said he would not enter a conviction against Mr Megaw or Mr Gould until he had heard from their counsel at sentencing.
On the day of the incident Mr Prestmo became wedged behind a rock, one metre under the surface. He had been training with tourism operator River Valley Ventures for three weeks at the time of the accident.
Three other guides and 10 passengers survived the collision and were rescued. The company, Mr Megaw and Mr Gould pleaded not guilty in Taihape District Court to the charges.
During the hearing, crown prosecutor Ben Vanderkolk said the company had neglected standard operating procedures, including safety briefings and assessment of clients' abilities.
Judge Ross said the company's involvement with the river should have been intimate and detailed, and it should have identified hazards.
The judge suggested it would have been practical for the company to have had a qualified guide in the raft with Mr Prestmo.
