Workplace watchdog forced into a U-turn over fatal orchard collision

Friday, 26 June 2026

Coroner refers orchard manager's death to WorkSafe after initial decision not to investigate fatal all-terrain vehicle crash near Tauranga.

The supervisor died from head injuries after the unregistered all-terrain vehicle he was driving collided with a tractor on a public road.

The employer and employee agreed no helmet would be worn as it restricted peripheral visibility during workplace activities.

The coroner criticised WorkSafe for “conflicting conclusions” - noting one assessment found the orchard lacked systemic risk controls, while a later inspector stated they were “impressed” by the site's safety.

An employee who chose not to wear a helmet while driving an unregistered all-terrain vehicle at an orchard died after crashing into a tractor on a public road.

The coroner has now referred the death to WorkSafe for investigation, finding a referral was in the public interest after the workplace regulator initially decided not to investigate the incident.

The orchard manager died from a head injury at Tauranga Hospital in June 2021, following a farm vehicle collision on a public road. He was employed to supervise orchard pickers.

The crash occurred at about 7.55am after the manager arrived at work and left the workplace on an all-terrain vehicle (ATV). A co-worker saw the ATV swerve from its lane into the opposite lane about three times, noting that the driver “looked like he was being silly with his vehicle”.

Another co-worker was driving an orchard tractor towing a trailer northbound when he saw the manager driving south. The tractor driver estimated his own speed to be around 30kph. When the ATV was between 30 and 50 metres away, it suddenly swerved into the northbound lane. The tractor driver moved into the southbound lane and applied the brakes to try to avoid a collision, but the ATV swerved back and collided with the front left side of the tractor.

The manager was found unresponsive in the middle of the road and was transported to hospital, where his death was confirmed at 10.16am.

A post-mortem examination found no signs of a natural disease process, such as a cardiac event, and concluded the findings were consistent with a head injury being the primary cause of death. A toxicology report detected no alcohol, but cannabis was found in the manager's blood. Police advised there were no suspicious circumstances.

The police investigation noted that both drivers turned to the same side of the road at the same time to avoid the collision, and that poor decision-making and driver behaviour were factors. The manager was not wearing a helmet or a seatbelt. Police advised that had he been wearing a helmet, he may not have sustained fatal injuries. Furthermore, the ATV was not registered for road use, and there was no evidence to suggest the vehicle was designed to be used on sealed road surfaces.

The manager and employer explicitly agreed he wouldn't wear a helmet because it restricted his peripheral visibility during orchard activities.

WorkSafe originally decided not to investigate the death. Following a request from the family to reconsider, WorkSafe stood by its decision but progressed an assessment. The assessment found that while the employer had a system to manage risk, it lacked an effective, systematic process to identify, assess, document, and communicate controls to workers to ensure a safe working environment.

However, a health and safety inspector who visited the site later wrote to the employer, stating they were “impressed with the overall approach to managing risk”.

Coroner Ian Telford stated it was not clear from the material how WorkSafe reached its conflicting conclusions.

Counsel for the family submitted that a referral should be made to WorkSafe, expressing concern that the workplace regulator had relied on the police investigation rather than conducting its own detailed analysis. The family also disputed parts of the police inquiry, particularly the inference that the deceased was at fault.

Telford agreed to the referral, stating: “My primary concern is that it seems to have been widely known, including by [the manager’s] employer and family, that [he] routinely chose not to wear a helmet whilst operating an ATV at work.”

The coroner ruled the manner of death was accidental.