Coroner urged not to seek 'too much' safety

Too many restrictions on adventure tourism would defeat its very purpose - flirting with danger, Rotorua Coroner David Dowthwaite was told yesterday.

Operators tried to make things as safe as possible but the only way to eliminate all risks was to close an entire operation, said Fraser Wood, lawyer for Rotorua's Mountain Action park, where an Auckland teenager died last September.

James Skipper, 18, a student, was killed when he lost control of a three-wheel downhill cart on the lower slopes of Mt Ngongotaha.

The cart failed to take a corner and crashed during his first run on the Offroad Freestyla ride.

Mr Skipper was thrown chest-first into the steering system after the cart hit a partly buried tyre, meant to be a safety feature on the edge of the 1km dirt track.

An inquest into his death in the Rotorua Coroner's Court early in December was adjourned so a report could be completed by an independent engineer.

Mr Dowthwaite held a case conference yesterday with the park owner and the ride operator, Occupational Safety and Health representatives and the engineer.

The meeting was an opportunity for them to discuss recommendations to improve the operation before the coroner presented his findings, expected in about 10 days.

OSH investigating inspector Anna Nepia's recommendations included installing seatbelts on the carts, a steering bar or steering wheel, a roll bar or roll cage, feet restraints and a change to four-wheel carts.

But Mr Wood said that if all of the suggestions were adopted it would be like wrapping people up in cotton wool or a full coat of armour.

"To do that would make the operation unviable."

Strapping someone in meant they could not easily get out of the cart if there was an accident, and others on the track might hit them.

He said any ruling such as "the full stockcar approach" would have widespread implications for carting operations.

Comparing carts to mountainbiking, horse-riding and downhill skiing, Mr Wood said it was "entirely inappropriate to regulate these sort of activities out of existence".

The focus needed to be on the underlying cause of the tragic accident.

Freestyla owner-operator Phil Molesworth said he had personally witnessed about 15,000 rides in the carts.

"It is a proven product. People are kicking down my door to ride this [cart] in its present form."

Substantial track redesign had already been done and improved brake cables were "a work in progress".

Engineer Michael Lee said the track improvements should prevent carts leaving the track.

He said if restraints were fitted, the cart might have to be redesigned to protect the driver in the event of a rollover.