Court action allowed in quad-bike death case

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The High Court has allowed safety regulators to push ahead with legal court action against a now-collapsed adventure tourism company, which was charged after an Australian woman suffered a fatal injury on one of its quad bike safaris.

Riverland Adventures was charged with breaching the Health and Safety in Employment Act after Chelsea Callaghan suffered a fatal injury on a quad bike safari in October 2012.

The 38-year-old from Melbourne was on life support for 10 days before she died, after coming off a quad bike near Port Waikato on a Riverland Adventures tour.

The maximum fine which can be imposed on the company upon conviction is $250,000.

Riverland Adventures has since gone into liquidation, and in their first report liquidators say the company cannot pay for a lawyer, nor for any "contingent claims that may arise".

Despite there being little money left for creditors, Worksafe New Zealand sought leave from the High Court at Auckland last Friday to continue its case against the company.

This leave has been granted, a Worksafe New Zealand spokesman said today, and a defended hearing is scheduled in the Manukau District Court in July.

Chelsea's uncle Des Callaghan said earlier this month that he "absolutely" supported Worksafe New Zealand pushing forward with its case, as Riverland Adventures deserved to be "held to account".

"I know it's like getting blood out of a stone, but I think if they were brought before the court and cop some sort of penalty, even if they don't pay it, at least they've got a conviction or something.

"I know there's probably no money - I'm not looking for money - I just think that these people should be held to account, and front and face the music, and cop what they deserve," Callaghan said.

Riverland Adventures' operator Percy Kukutai was charged with manslaughter but this was withdrawn last November.

- Additional reporting APNZ