DOLI 6
Page 1 of 6
Summary of Evidence
Where Evidence
Recorded & How
Element Proved
File No 5463144
Overview
On the 29th March 2014 Bryan Forbes was struck by a solo speedway bike rider
at the Meeanee speedway circuit. As a result Bryan 9(2)(a)
9(2)(a)
Parties
New Zealand Speedway Incorporated is an incorporated society registered with
Doli 10 Societies office
the society’s office.
documents
Email signature.
Tim Savell is the CEO of Speedway New Zealand.
ACT 1982
Hawkes Bay Speedway Club Incorporated (HBSC) is an incorporated society
Doli 10 Societies office
registered with the society’s office
documents
Peter John Black is the president of the Hawkes Bay Speedway club and was
Doli 11 HBSC Website
also the Clerk of the course on the day of the incident.
information
9(2)(a)
9(2)(a)
is the Co-ordinator of solo bike racing at Hawkes by Speedway
Doli 9
interview
Club.
INFORMATION
Bryan Forbes is the victim of this incident.
Doli 9 9(2)(a)
9(2)(a)
is a Solo bike rider he was riding the bike that struck Bryan
Forbes.
Doli 10 Company extract
Meeanee Oval Track Promotions Limited is a limited liability company
Doli 10 Company extract
Brian Strong is a director of Meeanee Oval Track Promotions Limited (MOTP)
Local Government Body
Act
Napier City Council is the owners of the land. (NCC)
Background
Hawkes Bay Speedway club Incorporation (HBS) normally promotes racing
Doli 9 9(2)(a)
events at the Meeanee Speedway situated in Sandy Road Meeanee Napier. The
Doli 9 MOTP interview
season runs from October to April each year. HBS
Doli 10 received from
MOTP
The licence to promote racing in the Hawkes Bay was purchased by Meeanee
Doli 10 received from SNZ
Oval Track Promotions Limited as the promoter for the 2013/2014 season.
Accident
On Saturday 29th March 2014 Bryan Forbes has arrived at the Meeanee
RELEASED UNDER THE OFFICIAL
speedway at 1600 hrs. Bryan has started to set up for bike racing that is due to
Doli 7 Statement from
start at 1800 hrs. Racing has been delayed due to the ambulance not being on
Bryan Forbes in Bruce
site. At 1830 hrs Bryan was told to start racing the first race started at
Greathead’s notebook.
approximately 1835 hrs. At approximately 1840 riders involved in the second
p92.
race came out for their 2 warm up laps however it had been decided that they
would only get one so as the first rider turned into the straight Bryan has started
setting up the line the first rider has managed to avoid Bryan. At this point Bryan
has become aware of something being a miss so has moved towards the start
pole as this is the safest place. The second rider has come round the final bend
behind the first rider, he has been unable to avoid Bryan as he was moving
towards the pole. The rider has collided with Bryan.
DOLI 6 – Summary of Evidence – Version 1 – o9/2004
Element to prove is indicated in
bold type
Page 2 of 6
Where Evidence
Recorded & How
Element Proved
Injuries
Bryan Forbes interview
Bryan Forbes 9(2)(a)
Doli 7
9(2)(a)
Investigation
The investigation has posed challenges with most people un willing to speak with
the inspectors. Some have implied that they have been instructed not to by
members of Speedway New Zealand.
1982
Facts
Doli 11 2013 rule book p9-
Speedway events around the country are controlled and operated in
13
accordance with Speedway New Zealand Inc. rules.
ACT
Doli 11 page 47 of 2013
SNZ rules stated in M5 Officials appointed by SNZ Board, and Non SNZ
rule book.
Officials.
SNZ Officials
SNZ Investigation report
Stewards (9(2)(a)
)
identifies people involved.
Referees (9(2)(a)
)
Technical Officials (Unknown)
Non—SNZ
Clerk of the Courses (9(2)(a)
)
Chief lap scorer
INFORMATION
Starter (Bryan Forbes, and 9(2)(a)
).
Flag Marshalls
Medical Officer
Crash Crew
Pit Marshall
Competitor Representatives
OFFICIAL
Mentor/coach
SNZ Rules M5-2-2 p 47.
SNZ officials will receive such remuneration as the board may decide.
THE
Doli 10 Receipt from SNZ
SNZ received payment from MOTP on the night of 29 March 2014.
Doli 10 Bank statements
MOTP pay HBSC $2000.00 per meeting to lease the track.
MOTP
UNDER
Doli 10 Email from
Ambulance services were booked by Promotions Company Meeanee
9(2)(a)
dated
Oval. The booking was made for 1900 hours. Ambo records show they
17 June @1350 hrs.
arrived at the park at 1845 hrs.
Doli 11 MOTP Doc’s of
Documents supplied by MOTP show that Solo racing was part of the
interest.
main event for the evening and racing was to start at 1900 hrs.
Doli 10 NCC lease
Napier City Council is the owners of the land. There is a lease agreement
agreement.
RELEASED
between NCC and HBSC.
Doli 10 HBSC Constitution
HBSC use volunteers to assist in the running of the different events. (AS
per Constitution).
Solo Bike events or coordinated by 9(2)(a)
club member. 9(2)(a)
Doli 9 Interviews Bryan
has built the track and is tasked with its up keep. Racing is normally
Forbes and 9(2)(a)
.
completed between 1800 and 1900 before the cars a scheduled to start
at 1900.
DOLI 6 – Summary of Evidence – Version 1 – o9/2004
Element to prove is indicated in
bold type
Page 3 of 6
Where Evidence
Recorded & How
Element Proved
Statements taken from 9(2)(a)
and Bryan Forbes indicate that the
Doli 9 Interview
Referee has made a call to change the number of warm up laps from 2 to
Transcribes.
1. The Referee has instructed the victim Bryan Forbes to set up the
starting tap while the riders were completing their warm up laps.
Doli 9 Interview 9(2)(a)
Warm up laps are used by riders to get a feel for the track and to make
9(2)(a) .
any last minute adjustments. A complete race is over in 3 minutes max.
Doli 11 HBSC Website
Bryan Forbes in not a member of HBSC his name does not show on the
information.
club membership lists from the website.
Doli 7 9(2)(a)
.
1982
Solo bike racing has been competing at Meeanee for the last 7 years and
always run at 1800 to 1900 sometimes we will put the final in the middle
of the car meeting if the promoter will allow it.
ACT
Doli 9 duty holder interview
Solo bike racing is not part of the 2014/2015 season.
MOTP
Doli 11 No contact what so
Time line statements found in Doli 11 are Facebook posting from
ever … Document.
9(2)(a)
passed to Worksafe at the time of the complaint.
Attempts to gather a statement from the race Referee on the night
Doli 11 Inspectors Note
(9(2)(a)
) have been made by two different people. 9(2)(a)
book Stuart Whyte and
has made three different statements to these people. Firstly 9(2)(a)
Nigel Formosa.
INFORMATION
agreed to be interview and arrange to meet with H/S inspectors at 1900
on the night of 9 Oct 2014.Upon arriving at the meeting 9(2)(a)
stated he had received a call from Mr Savell CEO of SNZ instructing him
not to speak with the inspector. The second attempt 9(2)(a) stated he had
been instructed not to speak by the president of SNZ David Jones. Third
he stated that he has made a statement to SNZ on behalf of Worksafe
OFFICIAL
NZ to 9(2)(a)
Private Investigator hired by SNZ.
Doli 11 Inspectors
The rider who hit Bryan agreed to be interviewed then changed his mind.
notebook.
THE
Doli 10 Letter dated 10 Oct
Four attempts to interview HBSC president Peter Black were made.
2014. Inspectors notebook
Three verbal and one written.
Nigel Formosa and Stuart
Whyte and Bruce
Greathead
UNDER
Doli 11 Notebook entry
Two attempts were made to interview SNZ officials 9(2)(a)
Bruce Greathead and
Stuart Whyte
Phone call with David Jones state he has not told anyone not to speak.
Doli 11 Notebook Stuart
Mr Jones stated that he had suggested that if anybody asked about the
Whyte p 36 @ 1348 hrs.
incident they should be directed to contact Tim Savell at SNZ.
RELEASED
Mr Savell received a letter informing him of a possible obstruction charge
Doli 11 Email dated
upon receiving this letter he replied by email denying this claim he said
15/10/2014 @ 1002 hrs.
that he had had no contact with any of the officials.
Doli 11 Complaint letter to
9(2)(a)
sent a letter to SNZ Board on 11 March 2014 expressing
SNZ from 9(2)(a)
concern about the manner and attitude of Referee 9(2)(a)
.
SNZ supply a health and safety manual this health and safety policy
Doli 11 SNZ Health and
states “SNZ is committed to the safety, health protection and welfare of
Safety Manual 2012. P 2
members of the public, competitors and participants, employees,
volunteers and subcontractors involved in speedway”.
DOLI 6 – Summary of Evidence – Version 1 – o9/2004
Element to prove is indicated in
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Page 4 of 6
Where Evidence
Recorded & How
Element Proved
Page 31 of the SNZ Health and safety Manual contains a fact sheet
Doli 11 SNZ Health and
supplied by Department of Labour this fact sheet outlined enforceable
Safety manual 2012. P 31
duties of volunteers. The Fact sheet goes on to excluded all volunteers
involved in assisting a sports club.
Starters are required to set a starters tape by pulling it down a pole
situated on both sides of the track. Bryan Forbes was on the outside pole
Doli 9 9(2)(a)
Bryan
and 9(2)(a)
was on the inside pole. Once the tape is down Bryan
Forbes 9(2)(a)
.
moves to the inside of the track. The race starts by pushing a button
releasing the tape up.
1982
Site maps of Meeanee
The solo bike track is a smaller separated track situated on the inside of
Speedway.
the main car track.
ACT
The first rider that avoided Bryan was wearing a helmet camera. Footage
from the camera shows the second rider colliding with Bryan and the
Doli 11 CD.
pole.
Some members of the HBSC do not want the solos bike riding as part of
Doli 9 9(2)(a)
, 9(2)(a)
the main program. Some don’t want them at the club at all.
9(2)(a)
SNZ do employ, therefore owe duties under the HSE Act.
Doli 10 SNZ website Info.
INFORMATION
SNZ rules require an ambulance to be on site before any racing starts. It
is the responsibility of the Steward and Clerk of the Course to ensure
Doli 11 SNZ rulebook
this.
2013.
MOTP is required to submit to SNZ booking details of the ambulance
before the promoters licence is issued.
Doli 9 MOTP Interview.
OFFICIAL
The ambulance was booked for 1900 on the night of the 29th March
2014. Advertising document provided by MOTP show that the solo racing
Doli 11 Documents of
THE
was included in the main program. Races 1, 5, and 9 consisting of 4 laps
interest.
per race.
All competitors and safety crews are required to attend a briefing before
racing starts. The solo bike riders do not attend the meeting with other
UNDER
drivers they hold their own. SNZ rules require the steward to attend these
Doli 9 9(2)(a)
meetings. The steward did not attend the solo bike briefing as she is
attending the drivers briefing.
Racing of the solo bike has started before the driver meeting was
completed.
Doli 9 MOTP interview
The fire rescue captain (9(2)(a)
) has had to leave the meeting
RELEASED
with the promoter’s wife 9(2)(a) and Health and Safety officer to get the
rescue team into position before the first race.
Doli 9 9(2)(a)
The fire rescue team have responded to the accident and provided
treatment to Bryan until the ambulance has arrived. 9(2)(a) has written an
Doli 9 9(2)(a)
incident report for the night and provided it to HBSC.
9(2)(a)
has stated that the referee has also attempted to
interfere when attempting the secondary survey before moving the
victim. 9(2)(a) has argued with him and continued looking after Bryan.
Doli 11 Serious Incident
report. Fire Rescue.
The Clerk of the Course (9(2)(a)
) has called the ambulance using
his cell phone.
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Page 5 of 6
Where Evidence
Recorded & How
Element Proved
St John records show the booked ambulance has arrived at the track at
Doli 10 St Johns Records.
1845. At which point 9(2)(a) has handed over the treatment of Bryan.
Analysis
Hazard
Struck by moving vehicle.
1982
Current state of knowledge
Speedway New Zealand believes they are exempt from the HSE Act. They have
ACT
produced a letter dated 25 February 1997 from the Minister of Labour.
This letter is prior 2002 Amendment Act which included Section 3D protection of
other volunteers.
Section 3C and 3D are unenforceable under the Act.
3D bestows a duty on the Inspector to assist the volunteer organisation in
identifying significant hazards and ensuring they are controlled in accordance
with sections 8-10 of the Health and Safety in Employment Act 1992.
INFORMATION
Parties and Duties
Speedway New Zealand Incorporated: As an employer owe duties under the
Health and Safety in Employment Act 1992. To assist an inspector exercising
their powers of inquiry.
OFFICIAL
Practicable steps taken—
Have supplied own investigation report.
THE
Supplied a printed copy of SNZ rule book highlighting
What constitutes speedway activity at speedway tracks.
Who can undertake this activity, i.e. a promoter with a memorandum
of agreement
What constitutes a race meeting
UNDER
The status of various types of officials.
Practicable steps not taken—
Failed to provide all information required in the letter dated 21 August
2014.
These actions have obstructed an Inspector executing his powers under section
RELEASED
30 and 31 of the HSE Act.
Hawkes Bay Speedway Club Incorporated: are cleared of all duties under the
Health and Safety in Employment Act 1992. By its constitution and activities as a
sports club.
Conclusions
The immediate cause of this incident is the decisions made by the Referee, on
the night of 29 March to start the solo bike racing before the programed time. The
Referee has also made changes to the number of warm up laps for the second
Solo bikes race. He has also instructed the victim to perform his duties as the
DOLI 6 – Summary of Evidence – Version 1 – o9/2004
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Page 6 of 6
Where Evidence
Recorded & How
Element Proved
starter while bikes are in motion on the track.
As a volunteer starter Bryan Forbes is required to follow the directions of the
Referee 9(2)(a)
while solo bikes are on the track. The riders of the
second race have entered the track from the pit area and started on their two
warm up laps. As the first bike has turned into the final corner of the first lap The
referee has instructed Bryan Forbes to set up the starters tape. The front rider
has come out of the final corner and seen the starter’s tape being pulled into
position. He has then moved to the outside of the track to avoid hitting the tape
and Bryan. The second rider in the race has come out of the final corner of lap
one and looked up to fine the starter’s tape in position. He has attempted to avoid
the tape and hit the starter Bryan Forbes while he was standing by the outside
pole.
1982
The Referees actions on the night have played the biggest part in the contribution
towards this accident. His action of instructing Bryan to set up the tape while bike
ACT
are still moving has exposed Bryan to the significant hazard of being struck by a
moving vehicle.
Under current legislation none of the companies identified during this
investigation owe a duty of care to Bryan Forbes.
9(2)(a)
as a volunteer to SNZ in a sporting activity cannot be prosecuted
for his actions.
INFORMATION
SNZ have assisted the inspector by providing some information therefore
obstruction charges cannot be recommended.
Recommendations
Based on the reasons outlined above Worksafe NZ can take no further action
over this incident. We wish Bryan all the best in his recovery. NFA Letters to be
sent all parties.
OFFICIAL
THE
UNDER
RELEASED
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