An accident at Western Springs which left a speedway spectator with a gashed hand will not be investigated by the Labour Department because it was not work-related.
The department's Occupational Safety and Health service says sports spectator safety is governed by voluntary codes not open to Government scrutiny.
West Aucklandmother Lisa Smith was yesterday nursing a gashed hand after being hit by a flying fragment from a midget race car at Western Springs on Tuesday night.
Mrs Smith said she was cut as she sheltered her 7-month-old daughter, Brianna, from a 1m-square section of fuel tank protection cage which flew over a safety fence when the race car rolled.
She said she would ask OSH to investigate the speedway. "I think for the money they charge they should take more responsibility for the safety of the public."
But the manager of OSH's West Auckland branch office, Kevin Mottram, said that after investigating two 1997 accidents at Western Springs and Waikaraka speedways, the service decided such incidents were not within its jurisdiction because speedway drivers were not employees.
Local authorities are responsible for the safety of structures. Where a sports mishap suggests criminal neglect, police can lay charges.
Mr Mottram said that when OSH investigated a flying fuel tank which injured six at Western Springs in January 1997, it found the speedway met international safety standards.
Since then the speedway has increased the height of its safety fence.
The Western Springs promoter, Willie Kay, said he was investigating Tuesday's incident and would talk to all those involved.
"The safety of our spectators is paramount and they need to have that expectation that we are doing everything possible to make their visit safe and enjoyable. That's an ongoing exercise."
Mrs Smith's husband, Steve, said the family would not be returning to the speedway.
"Obviously something needs to be done. If objects can fly out [of the track area] then something is wrong."
