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Home / New Zealand

Fatal North Canterbury crash involving drunk driver not wearing seatbelt ‘avoidable’ - coroner

Nathan Morton
By Nathan Morton
Multimedia Journalist·NZ Herald·
18 Aug, 2023 12:53 AM3 mins to read

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Reactions split on the Government’s draft transport plan, why the immigration minister is ordering a review of the work visa scheme and one of the most recognisable faces on British television, Sir Michael Parkinson, dies at 88. Video / NZ Herald / Getty

A fatal crash that killed a North Canterbury man driving back from the beach could have been avoided through sobriety and wearing a seatbelt, a coroner has concluded.

James Heaven, 50, of Waipara, died when he was flung from his unroadworthy car after taking a corner too quickly on December 3, 2021.

He suffered traumatic chest and head injuries, which put extra stress on his already diseased heart.

While coroner Mary-Anne Borrowdale did not make any recommendations as a result of the accident, she determined “multiple likely contributors”.

The crash came the day after the birthday of Heaven’s daughter, who visited with her boyfriend to share a box of beers with her father.

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The death of James Heaven, a 50-year-old from Waipara, was the result of the driver being flung from his car after taking a corner too quickly.
The death of James Heaven, a 50-year-old from Waipara, was the result of the driver being flung from his car after taking a corner too quickly.

It was not known how many beers Heaven drank, the coroner said, but that evening he took the boyfriend on a drive to a nearby beach to “explore the area”.

The pair, in a 1993 Suzuki Escudo, arrived at the beach shortly before 7.30pm and Heaven video-called his wife, who had been working away from home that day.

After drinking more beers at the beach, Heaven and the boyfriend made a return trip home about 8pm. The sun was low and neither of them was wearing a seatbelt.

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The boyfriend told the coroner he noticed “a few red flags” about Heaven’s driving home, in that he “entered some of the corners a bit quick”.

About 5km from his Waipara farm, Heaven lost control on a corner, overcorrected and the car rolled down a clay bank.

Both occupants were thrown onto the road.

The boyfriend was not seriously hurt but Heaven was quickly found lying on his back on the road, “clearly deceased”.

Both occupants of the car were ejected onto the road, with the boyfriend not seriously hurt but Heaven was instantly killed.
Both occupants of the car were ejected onto the road, with the boyfriend not seriously hurt but Heaven was instantly killed.

The police serious crash unit found the road was narrow, with several bends.

Senior Constable Paul Beaver said in a report that there were several possible contributors to the crash, starting with the fact that Heaven was driving with almost four times the legal amount of alcohol in his system.

The Suzuki was unroadworthy, the coroner was told. Heaven had also been travelling towards a setting sun, with Beaver saying the glare might have impaired his vision.

Heaven was not wearing a seatbelt and Beaver believed he might have survived if he had been belted correctly.

The coroner identified several health issues that possibly worsened Heaven’s driving ability, including fatigue and having only one eye.

“The avoidable death of Mr Heaven reinforces the profound dangers of driving while intoxicated by alcohol,” the coroner said.

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“On the day that he crashed, Mr Heaven was making decisions and driving in ways that were said to be uncharacteristic of him.”

The coroner echoed Beaver’s belief that Heaven could have survived if he was wearing a seatbelt. Waka Kotahi NZTA says seatbelts can reduce the chance of death in a crash by 40 per cent.

Final remarks from the coroner included advice not to drive any unroadworthy car, to drive to conditions, to be extra cautious on rural roads and to slow when driving towards the sun.

“These comments are directed to the driving public of New Zealand, for the purposes of public education in safe driving,” the coroner said.

“I consider it possible that – together with other driver education – these comments may reduce the chances of further deaths occurring in similar circumstances.”

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