Coroner finds cinema barrier too low

By LOUISA CLEAVE

Errors were made during construction of a barrier from which 16-year-old Danial Gardner fell to his death at the Imax centre, a coroner has found.

Danial suffered multiple injuries after falling more than 14m from level three of the Queen St, Auckland, entertainment centre in September 2000.

He was sitting on the balcony railing talking to friends when he overbalanced and fell backwards.

His father, Noel Gardner, welcomed the coroner's findings but expressed regret that the coroner could not "apportion blame".

Mr Gardner said the family had spent $150,000 trying to find out why the barrier was built below the required height, and they would now pursue a civil claim.

"From what I can understand, his [the coroner's] powers are very limited and that's probably the saddest thing of all because he can't apportion blame, as such."

Coroner Murray Jamieson said architect plans and a building consent showed the balcony was to be constructed to a minimum of 1m, but that did not happen.

The barrier from which Danial fell was 930mm to 935mm high, but the reduced height was not picked up during a building inspection.

Dr Jamieson said a job instruction from the architects who designed the balcony gave precise dimensions.

He said he was faced with "substantial conflict" between the evidence of people involved in constructing the balcony.

He heard testimony from employees of construction company Watts & Hughes, and from Terry Humphreys, the managing director of Adaptable Engineering, which installed the handrail on the balcony.

"I am able only to say that the contractor and the installer of the handrail made errors in reducing the final overall height of the balcony."

The rail was lowered to prevent small children climbing through an opening between the plinth and handrail.

"The installer made a further error in setting the handrail further back in the balcony aperture than the job instruction ... required," said Dr Jamieson. "This latter error meant that there was a 'ledge' on which Danial was able to lean his bottom, which may have encouraged him to go further ... "

Mr Humphreys would not comment on the findings, and Watts & Hughes' lawyer did not return calls.

Dr Jamieson said an Auckland City Council building inspector found the barrier complied with the Building Code but should have told superiors it did not meet the height set out in the building consent.

The council yesterday disputed the finding, saying the inspector was checking compliance with the building code - not the building consent.

After Danial Gardner's death, the Building Industry Authority was asked to determine whether the balcony complied with the building code. The BIA ruled in 2002 that the balcony was an "alternative solution" which protected people from falling to the same extent as a 1m barrier. Mr Gardner called the BIA determination a "whitewash".

"[An alternative solution] must comply with the minimum restrictions of the building code and this so-called alternative solution did not comply."

Dr Jamieson said he had no power to question the BIA determination.

BIA public affairs manager Mike Noon said Dr Jamieson's findings were a "fair and accurate" report.

Fatal fall

16-year-old Danial Gardner fell to his death at Auckland's Imax centre in September 2000.

He fell more than 14m from a balcony railing after overbalancing and tumbling backwards.

Coroner Murray Jamieson said the balcony was up to 70mm lower than shown on plans and a building consent.