Reserved decision — failing to ensure the health and safety of any person — ski field — “reasonably practicable” — Health and Safety At Work Act 2015, ss 2, 22, 37 & 48 — Talleys Group Limited v Worksafe New Zealand [2019] 2 NZLR 198 — Waimea Sawmillers Limited v Worksafe New Zealand [2016] NZHC 915 — Worksafe New Zealand v Ministry of Social Development [2016] NZDC 24649 — Maritime New Zealand v Glass Bottom Boat Limited [2018] NZHC 81 — Worksafe New Zealand v Dong SH Auckland Limited [2020] NZHC 3368. The defendant company was on trial for a charge under the Health and Safety at Work Act. It operated a ski field and one of its trails was located near a reservoir, which was bordered by a fence made of tall wood posts and wire. The victim had skied on this particular trail, and collided with one of the posts and died on the scene shortly thereafter. The prosecutor submitted that it was reasonably practicable for the defendant to have both conducted a risk assessment of the fence and to have installed a safety net preventing skiers from colliding with the fence. The Court found that through a document made by an employee years earlier identifying that the fence was likely to be hit by skiers and would cause serious injury, the defendant had actual knowledge of the risk posed by the fence. The Court was satisfied beyond reasonable doubt that it was reasonably practicable for the defendant to have carried out a risk assessment, and that it failed to do so. On the second issue, the Court was not satisfied that Worksafe had properly established what type of catch net would actually alleviate the risk, and there was no evidence as to whether it would have been reasonably practicable for the defendant to install a catch net along the fence. Nevertheless, it was accepted that the elements of the charge were proven and a conviction was entered. Judgment Date: 15 August 2023.