But there were no belay gates installed at the Extreme Edge speed wall, which would have reminded climbers to clip into the auto-belay device.
Thompson jumped, believing she was clipped on to the device, but she was not.
WorkSafe prosecuted Extreme Edge and the company faced two charges of exposing people to risk of harm or illness.
Shaun Metcalfe represented the company and the court heard Extreme Edge was about to be wound up.
On its website today it still called itself “New Zealand’s largest indoor climbing centre”.
Prosecutor Sam Cossey said in relation to costs, WorkSafe’s in-house legal fees were modest but accountants had to assess Extreme Edge’s financial position.
The court heard a $35,000 payment had already been made to one victim but nothing to Thompson.
Judge Belinda Sellars today heard the nerve damage Thompson sustained may be permanent.
The child was in a wheelchair for several months, was absent from school for six weeks, and needed four separate surgeries over the following year and a half.
He sustained permanent scarring and another disfigurement.
The court heard the Extreme Edge accident had also traumatised the boy’s closest relatives.
“In my view, the seriously aggravating feature in respect of this accident is it occurred only 18 days after Miss Thompson,” Judge Sellars said of the child’s accident.
The Herald previously reported the company considered the event affecting Thompson could happen again and suggested changes to improve safety.
The climbing wall before (left) and after the two accidents at Extreme Edge. The bright red flags signal to climbers they must be clipped to a safety rope. Photo / Supplied
But the safety changes were not made before the boy suffered his accident.
“Although the remedy had been ordered it had not yet been installed … the wall had remained open,” Judge Sellars said.
The company accepted that it failed to take the reasonably practicable action of installing effective belay gates on the speed wall.
And it admitted that after the incident with Thompson, it further failed to close the speed wall until appropriate controls were implemented.
The court heard belay gates were used in some climbing gyms in New Zealand at the time of the incidents, but were not then an industry standard.
Judge Sellars said WorkSafe had argued “the likelihood of someone being killed or seriously injured if they fall from height as a result of not being safely attached to ropes is obvious”.
Judge Sellars decided on a penalty starting point of $700,000 for Extreme Edge.
Extreme Edge director and majority shareholder Nico Buik was in court.
Judge Sellars said “a restorative justice process” was engaged in with Thompson.
“Mr Buik is extremely remorseful about what had occurred,” the court was told.
For remorse, the company received a discount.
The judge said Extreme Edge was entitled to a further 10% allowance for previous good character.
She settled on a fine of $350,000 and directed an emotional harm payment of $50,000 be made to Thompson.
The remaining reparation payable to the boy and his parents was set at $15,000.
After the sentencing, Buik declined to comment.
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