NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / New Zealand

Truck driver found guilty in Penrose overbridge digger crash

By Brittany Keogh
Reporter·NZ Herald·
28 Feb, 2017 10:49 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

The digger hit the Penrose overpass on the southbound lanes of Auckland's Southern Motorway, blocking traffic. Photo / Nick Reed

The digger hit the Penrose overpass on the southbound lanes of Auckland's Southern Motorway, blocking traffic. Photo / Nick Reed

A truck driver has been found guilty of dangerous driving for a crash that brought Auckland to a standstill.

Graham John Kennett, 66, ploughed into the Southern Motorway's Penrose overpass on May 9 last year, causing widespread gridlock on roads around the city.

The 15-tonne digger he was transporting struck the bridge, damaging it. It came off the truck, rolled onto its side and blocked two lanes.

The Taupo man pleaded not guilty to the charge at his judge-alone trial at the Auckland District Court last week, saying he had never driven further north than the airport and because he'd been under other bridges that day, he thought his load was fine.

Judge Grant Powell reserved his decision on a verdict until this week.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

The May 9 crash caused chaos for commuters, significantly lengthening journey times and delaying some public transport services by up to 30 minutes.

The Ellerslie-Panmure southbound onramp and two motorway lanes were closed for about three-and-a-half hours after the crash.

At 5.11pm that day traffic on the motorway was crawling at 7km/h between the Fanshawe St offramp and Hobson St onramp.

Advertisement
Advertise with NZME.

Today Powell said it was "almost miraculous" no one was hurt when the digger hit the bridge.

For a driver to be held legally culpable for dangerous driving the prosecution had to prove beyond reasonable doubt that the driving could be "objectively" deemed dangerous, the judge said.

He found Kennett guilty because he was satisfied the evidence indicated he had driven dangerously.

Kennett was not in court for today's hearing. He will be sentenced at the Auckland District Court on March 9.

Earlier
At the February 17 trial the court heard how Kennett's flatbed truck passed through a sensor beam and set off a warning sign 288m before the bridge telling him to "pull over" because his load was too tall.

However, Kennett's lawyer, Simon Stokes, said the temporary warning system at the time of the crash was inadequate.

Police prosecutor Sam McErlean alleged Kennett saw the warning sign but moved into the centre lane where the bridge was highest, instead of moving to the shoulder.

Kennett admitted he saw the message but said he didn't realise it was directed at him because other big trucks were travelling nearby.

He accepted it was his job to measure the height of his load before travelling, but he said he didn't do so when he put the digger on his truck in Avondale because he didn't have any equipment.

Instead, Kennett said, he estimated its height by comparing it to the height of his cab, which he knew was 3m.

Advertisement
Advertise with NZME.

The height limit for the motorway network at the time of the crash was 4.25m and the Penrose overpass - the lowest on the route - stands at 4.41m.

The height of Kennett's load that day remains unclear, Powell said in his judgment. However, police officers who examined the scene estimated it was more than 4.53m tall.

A man who was driving in the right-hand lane next to Kennett when the smash happened told the court he remembered hearing "an almighty bang".

"I was thinking in my head straight away, do I stay or do I go. I just accelerated through everything," the witness, Hayden Bishop, said.

The court was shown videos of the overpass strike from different angles.

The bright yellow digger could be seen slamming into the overpass in a cloud of dust as the machine tumbles onto the road, narrowly missing Bishop's car.

Advertisement
Advertise with NZME.

Defence witness specialist traffic engineer Don McKenzie said he analysed the overpass, traffic data and crash history and told the court he believed the temporary signs were insufficient and "poorly placed".

He said the temporary sign, 288m before the overpass, didn't provide drivers with oversized loads with enough time to realise it referred to them, move out of traffic and stop before the bridge.

In his opinion the hard shoulder was also too narrow for heavy vehicles to stop safely.

McKenzie also analysed information for all 21 recorded strikes of the overpass in the past 10 years as well as the crash involving Kennett.

All were a result of drivers being unaware or unable to react to the warnings, he believed.

However, under cross-examination by McErlean - who called that opinion "a bit sweepy" - he accepted some drivers were aware they were too high but chose to "run the gauntlet".

Advertisement
Advertise with NZME.

Today Powell said he had not given McKenzie's evidence much weight when deciding whether to convict Kennett of the dangerous driving charge because he believed the defence had failed to prove the the other 21 recorded strikes were comparable to the case.

Save

    Share this article

Latest from New Zealand

New ZealandUpdated

Night market horror: Two critically injured in serious incident, police hunt offender

21 Jun 08:09 AM
New Zealand

Lotto Powerball: Are you a multi-millionaire after tonight’s $30m draw?

21 Jun 08:02 AM
New Zealand

'Un-Kiwi' attitudes: Acting PM Seymour takes aim at Brian Tamaki after protest

21 Jun 05:30 AM

Jono and Ben brew up a tea-fuelled adventure in Sri Lanka

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

Night market horror: Two critically injured in serious incident, police hunt offender

Night market horror: Two critically injured in serious incident, police hunt offender

21 Jun 08:09 AM

Police say they are following lines of inquiry to catch the offender.

Lotto Powerball: Are you a multi-millionaire after tonight’s $30m draw?

Lotto Powerball: Are you a multi-millionaire after tonight’s $30m draw?

21 Jun 08:02 AM
'Un-Kiwi' attitudes: Acting PM Seymour takes aim at Brian Tamaki after protest

'Un-Kiwi' attitudes: Acting PM Seymour takes aim at Brian Tamaki after protest

21 Jun 05:30 AM
Man arrested over violent Auckland crime spree

Man arrested over violent Auckland crime spree

21 Jun 05:04 AM
Help for those helping hardest-hit
sponsored

Help for those helping hardest-hit

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP