Criminal nuisance conviction for roading contractor after crash
13.07.2004 11.00 am (New Zealand Herald Website)
Local bodies are investigating the implications of the convictions of a Hawke's Bay council and its subsidiary roading contractor for criminal nuisance leading to a motorbike crash 17 months ago.
A judge says the case against Tararua District Council and Infracon Ltd, relating to loose gravel on a country road and the absence of a sign warning traffic, does not have the "precedent value" argued by lawyers.
But it could impact on relationships between councils and their local authority trading authorities, known as 'Lates'.
The convictions came in a decision delivered by Judge John Hole in Napier District Court yesterday, after a private prosecution by the crash victim, Wellington businessman and city councillor Chris Parkin.
The council was convicted and discharged and left to pay just $339 of the $4500 sought in prosecution costs.
But Infracon, a Late owned by the neighbouring Tararua and Central Hawke's Bay district councils, was fined $2000, and ordered to pay reparation of $7029.56, as well as its $339 share for the prosecution, and standard court costs of $130.
The prosecution resulted from Mr Parkin's crash on February 16 last year, when his motorbike skidded on loose chip on a Route 52 bend between Weber and Porangahau. It crossed the road and hit a tree and a fence.
The gravel came from a recently-sealed patch on the opposite side of the road, but there was no sign warning Mr Parkin of the danger, although there was a warning for traffic coming from the opposite direction.
Mr Parkin was not badly injured but told the court at a May hearing, in which the council and the company defended the charges, that damage to his 1000cc Aprilla twin motorbike, clothing, boots and helmet cost more than $8500.
According to evidence, a sign was put in place after roadworks were completed about January 29, but there was no evidence of its presence after that date. The loose chip had been applied by a sub-contractor on February 10.
While the judge ruled the council and Infracon had both created a criminal nuisance by the acts or omissions alleged, he determined a degree of responsibility on the rider by deducting 20 per cent from the sum claimed for reparation.
There would still have been an onus on the rider to stop safely within half the length of clear road ahead, he said.
Judge Hole said the only penalty that could be imposed on either defendant was a fine, and he was satisfied that the circumstances were less serious than previous cases referred to in submissions by prosecution counsel Claire Boshier.
No one had been killed or seriously hurt, he said, and he had to take into account the practicalities involved with a rural local authority trying to control about 1900km of roads frequently under repair over a wide area.
A motorist using such roads as the secondary route from Wairarapa to Hawke's Bay on which the crash happened had to be aware of the possibility of "some deficiencies", he said.
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Originally Posted by bungbung
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