Emily Jordan: Death By Misadventure, Tell Clients The Truth About The Risks. Staff Panicked .

Emily and her partner Jonathan Armour

The highly critical jury at the Coronial inquest into the death of British tourist Emily Jordan has returned a verdict of Death by Misadventure.

Emily drowned whilst participating in a commercially organised river boarding excursion with Mad Dog River Boarding ( now named The River Boarding Company) on the Kawarau River in New Zealand, 2008.

Read yesterday's blog  Emily Jordan Inquest Opens In UK  for the circumstances surrounding her death and the "third world" safety conditions that prevail in sectors of New Zealand's adventure tourism industry.

The BBC reported on the hearing, saying

The jury cited factors including lack of equipment and unsuitable life jackets as contributing to her death near Queenstown, South Island in 2008.

When Emily became trapped under a rock there was no rescue equipment to pull her out and it took 20 minutes to release her.

The foreman of the nine person jury echoed the words of a NZ coroner  at the inquest of Tom Donaldson, another British tourist, who was killed whilst sandboarding at the Omapere/Opononi dunes in New Zealand, i.e. companies need to tell their clients the truth about the risks they are facing.

 

The jury also criticised the complete lack of safety regulation in regards to riverboarding in New Zealand, a lack of staff training and the absence of vital safety and lifesaving equipment:

"On April, 29, 2008, on the Kawarau River, Emily Jordan was participating in a river boarding excursion, when she became entrapped beneath the water, against a rock, which resulted in her drowning

"The following factors, we feel, contributed to Emily's death. Firstly information and instruction were not given to clients in a way that clearly represented the true risks of danger.

"Secondly, the training received by the guides was inadequate for emergency rescue and entrapment and not specific to this particular activity of river boarding. It was not regulated by an external body.

"Thirdly, lack of essential lifesaving equipment to hand - such as a whistle, rope and knife - was a major factor in delaying the speed of rescue. Also the one size fits all life jacket was clearly unsuitable for river boarding in respect of buoyancy and lack of safety features, such as crotch strap, D-ring and whistle attachment.

"Furthermore, a rescue craft was not available. We believe a combination of all these factors and events contributed to the death of Emily Jordan." source

The Coroner, Robin Balmain, summed up by saying

"he would not be making recommendations to authorities regarding Miss Jordan's death. He said: "It does not seem to me to be right to interfere in the affairs of another sovereign country. New Zealand has its own laws, its own social and sporting culture and it seems to me that it is simply not right to interfere with that."

He added: "However, the second reason is perhaps more important and that is that I have heard some detailed evidence of the enquiry that has been mounted in New Zealand into this industry.

“The catalyst for the enquiry was Emily's death and the determined efforts made by her father, who has been tireless throughout this case to see that lessons can be learned where possible and appropriate action taken to lessen the risks to those who participate in these sports."

Another report said Mad Dog's staff had panicked when Emily got into difficulties. Another indication of a lack of training

Black Country coroner Robin Balmain criticised Mad Dog Riverboarding, which ran the activity, saying: “The overall impression one gains on listening to the evidence is that the guides panicked, they did not know what to do and they did not have the equipment with which to do it.”

Regulations were eventually introduced following Emily's death, but the government shied away from any requirement to properly and fully inform participants of the dangers they are exposed to when taking part in some 'extreme' activities in New Zealand. It will be interesting to see if  'Prior Disclosure' or 'Informed Consent' amendments will now be made to the present legislation before it begins to take effect in October of this year.

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Mad Dog River Boarding/ The River Boarding Company's website only has this brief statement about safety

"River boarding is an adventure. As with all white water activities there is an inherent risk of drowning. All guides are trained to the highest possible standards to help ensure your trip is as safe and enjoyable as possible."

Compare that to the current Maritime New Zealand guidelines. Those guidelines say that this statement  (or words to a similar effect) should be given to each participant

“White-water boarding is an adventure activity with a degree of risk. Participants should be aware that they will be controlling their own white-water board and the commercial white-water-boarding operator cannot guarantee your safety. In any white-water activity, there is an inherent risk of drowning.”

Which statement do you think properly represents the true risks of danger?

20 May Update:

In the days following the trial

Mrs Jordan said: "We were obviously pleased that the company has been found guilty. It was what we would expect from all we've heard from the court case last week. I don't think there was any other conclusion to this really.

"It just seems incredible that there are no corporate manslaughter charges in New Zealand, which is part of the reason why these activities go on - because these companies, especially some of them, know that they can get away with no safety regulations, no training, no safety equipment."

Miss Jordan's father, Chris, who has sat through the court hearings, added that it was "obviously good news" that the company had pleaded guilty.

He told Radio New Zealand he always hoped to see a conviction and "hopefully see some changes taking place with regard to the way river boarding in particular was run - and to some other extreme sports in general.

"To just reduce the horrendous deaths that occur in some of these extreme sports would be my primary aim, my primary reason for coming over (from Britain) this week."
Mr Jordan said it had been hard to listen to some of the details about how his daughter died, especially because of "the preventable nature of some of the things that happened".
He added: "I think that's what's really come home to me, how preventable this death was." source

Our sincere condolences are again extended to the family and friends of Emily Jordan, especially to her father who has worked tirelessly in the hope of preventing other families going through what his had experienced. Unfortunately since Emily's passing other young people have died in New Zealand and there 's also been a number of serious injuries (see below for details and links)

He now plans to write a book and we wish him every success with that and with raising awareness about this issue.

 

Please visit the The Emily Jordan Foundation which was set up in her memory and give it your support

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You may also be interested in these recent Adventure Tourism blogs
Tom Donaldson Inquest - Coroners Says 'Warn Tourists' (Nov 2010)
Tourists Seriously Injured In Bay Of Islands Boat Incidents (April 2011)
Alistair McWhannell Guilty Of Manslaughter In Swing Bridge Death (June 2010)
Fox Glacier Plane Crash, Nine Dead Including Four Tourists (Sept 2010)
Tourists Injured in Queenstown Jet Boat Crash, Another Died Swimming With Dolphins (Nov 2010)
Thrillseekers Adventure Ltd Fined For Bungy Fall (May 2011)
Australian Tourist Seriously Injured By Dophin Boat (Dec 2010)
Wellington Reverse Bungy Closed Amid Safety Fears (Dec 2010)
Tourists seriously injured in collision between Outward Bound cutter and a Dolphin Watch Ecotours (Feb 2011)
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Our NZ adventure tourism facts and stats page.

Today's posts - click here

Mad Dog Riverboarding Company To Expand Its Operations

The Southland Times is carrying a story this morning about Mad Dog Riverboarding lodging a resource consent to expand its business:

"On Tuesday last week, Mad Dog lodged a resource consent application with Lakes Environmental that would allow it to take another 100 clients daily on the Kawarau River. It has consent to take 200 clients a day. It also applied to extend the stretch of the river on which it can operate, filling a gap of several kilometres around the Roaring Meg Power Station.

Mad Dog owner Brad McLeod said the changes were mostly "technicalities" that arose from the company's internal resource consent review six months ago.

The review showed the company did not have consent to river board near the power station a previously unrealised gap between the consent areas for Queenstown Lakes and Central Otago District Council jurisdiction.

"We aren't working on this section till it's been sorted," he said..."

For the background story on Mad Dog Riverboarding and their guilty pleas following the drowning death of British tourist Emily Jordan please see pages linking to "Emily Jordan" in the head of the page.

John Key recently announced a review of the adventure tourism industry in response to a heartfelt letter from Mr Jordan, it could result in unsafe operators being shut down. The review will be headed by Labour minister Kate Wilkinson.

In a separate article in the Southland Times Chris Jordan, Emily's father, is quoted as saying:

"It's a good start. The prime minister has done this and it's the right step forward."

But Mr Key had not given any assurances about how long the inquiry would take, Mr Jordan said.

"It's good to hear (there will be a review), but it's got to be done quite quickly. You're moving towards the summer and there's no point in it taking 12 months.

"I think that's the important thing here.

"If there's strength behind the words then in three months there should be a significant amount of work done."

But Labour Minister Kate Wilkinson, who is charged with leading the inquiry, cautioned that the process might not be a speedy one.

"We don't have a timeframe in mind.

"We're looking at protecting the reputation of our tourism industry and of our country and it's got to be done properly."

The first step would be to work out the scope of the review with agencies including the Civil Aviation Authority, Maritime New Zealand, the Tourism Industry Association and the Tourism Ministry.

Destination Queenstown marketing general manager Graham Budd said the organisation supported Mr Key's decision to launch an inquiry.

"From a visitor perspective, it says 'hey, we're taking this seriously'. As long as it's not a witch-hunt and isn't too onerous for operators who might be part of the process ... (operators) will be nothing but supportive."

Time will tell but we have a feeling this will probably take years, not months. In the meantime we hope that there will be no further deaths.

See also: Prosecutions brought for adventure deaths so far this year

"Let's LAy Down Law On Riverboarding"

27 August - By Frank Marvin in 'Scene.co.nz'

"A Queenstown whitewater expert is calling on maritime cops to regulate riverboarding.

Stefan Crawford, 41, was speaking after last week’s harrowing trial of Mad Dog River Boarding and owner Brad McLeod after the Kawarau River death of English tourist Emily Jordan in April, 2008.

Crawford says Maritime New Zealand polices rafting and jetboating but not riverboarding – and they should. “I’d like to see MNZ become more actively involved with riverboarding and sledging to work towards some similar regulations to benefit the industry.”

Other than prosecuting health and safety breaches – like Mad Dog’s – MNZ has a hands-off approach to riverboarding, whose only sanction is a voluntary industry code...."

More of the article appears: here

For more about the death of Emily Jordan and Mad Dog River Boarding who were said to have been operating in a "regulatory vacuum" please see pages: Emily Jordan

For today's posts click here

Chris Jordan To Lobby Key And The Letterman Show Coup

For more about the trial and events following it see: Emily Jordan

Chris Jordan, father of Emily Jordan who drowned in a River Boarding 'accident' in New Zealand in April 2008 on Monday called for legislation to be introduced to govern river boarding in the country: (RadioNZ)

"Mr Jordan believes his daughter died because the industry was unregulated and Mad Dog River Boarding ran a "cowboy" operation.

He said resources must be found to govern the industry and called for stringent regulations introduced to stop another death from happening.

"It's not acceptable to say (New Zealand's) a small country, we don't have the resource to do it - because you're actually taking the money off individuals ... who believe that it's safe.

"So if you're prepared to take the money, you've got to have the safety procedures in place."

He has also stated he intends to lobby Prime Minister John Key (who is also Minister for Tourism) in order to

"highlight the need for "good quality legislation" to push for regulations to replace voluntary guidelines governing safety in extreme sports industries.

When told that person was John Key, who is also the Prime Minister, Mr Jordan said he would be "the right person to talk to".

Staff in Mr Key's office said yesterday, when contacted, they could not comment on the issue, but Mr Jordan's concerns would be "welcome".

Well, at least Mr Jordan didn't get the 'Castle-Hughes brush off'. We wish him well in his is endeavour, he's going to have an uphill battle on his hands.

PR and Spin

NZ is very conscious of how it is perceived abroad, it may well be that Mr Jordan may achieve more on the international stage than he will within NZ.

It will be interesting to watch how this is 'spun' from now on, if a tight lid will be put on it all and New Zealanders close ranks on this.

The director of 'Mad Dog' Brad Mcleod is already supposed to have requested that media questions be "directed to a public relations company and said he would decide over the next week whether he would make a statement". So much for an industry that "can't afford" to invest money in safety.

South Island is presently holding the Winter Games NZ until 30 August and will be hosting the rugby world cup in 2011. Every effort is likely to be made to smooth out the adverse publicity this case has caused, more so because it's been announced that the tourism minister (aka John Key, the Prime Minister) is going to appear on the Late Show with David Letterman to "sell New Zealand to worldwide tourism'.

Is it just a coincidence that the 'Mad Dog' trial suddenly ended early with a plea bargain just 3 days before the triumphant PR announcement about the show was made? Call me a cynic but it wouldn't surprise me in the least if there had been some pressure to minimise any and all adverse publicity about tourism (there were two separate court hearings being held into deaths of young women in adventure sports in New Zealand) with the news about the Letterman show about to leak at any time. As they say, 'timing is everything'.

Other recent tourism related deaths (I won't include injuries and assaults right now because there are so many so see below) include

British man Thomas Donaldson who died after sand surfing in the Far North.

Chinese tourist Yan Wang, who drowned in a river when she became trapped beneath a jet boat.

British backpacker Sarah Katie Bond who fell 50m to her death in Waitomo after losing control of a hired quad bike.

Six NZ students and a teacher from Auckland's Elim College were swept to their deaths on a river canyoning trip in the Mangatepopo Gorge. (source NZ Herald)

In June 2009 Massey Univesity's Dr Tim Bentley has said that the number of tourist adventure injuries in NZ rivals that of road injuries and that -

"statistics mean New Zealand is on its way to being regarded as an unsafe destination. "In the US and Japan, people are already being advised not to come here because of the dangers. Tourism is our principal industry and these accidents are making a massive impact....

There's also doubt about the ability of the Adventure Tourism industry to manage the risk to clients. "There are lots of small, unregulated companies out there with a seasonal workforce that comes and goes. There is also the danger that without the protection of ACC, people will start suing. In the US, travel companies have already been taken to court."

See: 'Tourist adventure injuries rival road injuries'

Emily Jordan's Parents Say "NOT JUSTICE...Fines Offensive" No Inquest To Be Held

For more about the trial see: Emily Jordan

Mad Dog River Boarding were recently prosecuted in connection with the death of Emily Jordan who died whilst river boarding in New Zealand in April 2008 (see link above)

A few days into the trial a deal was struck and four of the six charges were dropped (including the sole charge against the company director Brad Mcleod) the company pleaded guilty to the remaining two. At the time of the trial the court was told that Mad Dog River Boarding was operating in a "regulatory vacuum".

It was initially thought that the investigation was to be carried out by the Dept of Labour because it did not fall under the remit of Maritime NZ, and that the coroner would be informed:

Stuff March 2008

"Sergeant Steve Ereckson, of the Cromwell police, said the woman's body was taken to Dunedin, where a post-mortem will be carried out. Her death will be referred to the Coroner.

Queenstown Lakes District Mayor Clive Geddes said the area had had adventure tourism-related deaths in the past, and he did not think the impact on the resort town would be measured in visitor numbers. (Ed: a rather naive view)

"I think the impact is sympathy for the family involved," he said.

Maritime New Zealand spokesman Ross Henderson said the organisation had offered help to the company involved, but river boarding did not fall under its responsibilities.

The accident would be referred to the Department of Labour, he said."

But it was eventually Maritime New Zealand who brought the prosecution under Health and Safety in Employment legislation. Could it be that white water river boarding had slipped through the regulatory net until the time of Miss Jordan's death? it was only after she'd passed away that any River Boarding guidance was issued and that was by Maritime NZ after it instigated a review of the industry in late 2008, this is from their website, dated Nov 19 2008:

“Commercial river boarding and river sledging operations have been around since 1989, but they are still relatively under-represented activities in New Zealand. There are only a few operators throughout the country and, although each operation has had its own internal training system and operating plans, up until now there have not been any formal guidelines.

“Tapping into the expertise held by the rafting industry – which is comparatively far more established – is a good way to build up rescue knowledge and skills within the river boarding community.”

Mr Sonneveld says the developments are part of an industry-wide safety review that has been undertaken following the investigation into the death of English tourist Emily Jordan while river boarding on the Kawarau River in Queenstown on 29 April 2008. "

If there were 'no formal guidelines' does this also mean that there was no formal health and safety regulation either? it is unclear as to whether Mad Dog ever received a safety audit from a regulatory authority.

What was Emily's parents reaction to the outcome of the trial? This from a BBC Report:

"They killed her bascially"

"Ms Jordan's father Chris, who travelled to New Zealand for the hearing, said his family found it "offensive" that the company would face only fines.

He said: "We have lost a bright, compassionate, intelligent daughter. She was not drinking or messing about.

"Instead she was paying good money do something that had been promoted as good fun."

"Not justice"

He called for greater regulation of extreme sports in New Zealand and said he was in contact with families of others who had died taking part in such activities in the country.

Miss Jordan's family also criticised the country's laws which meant the company did not need insurance and no inquest would necessarily be held into his daughter's death.

Speaking from the family home her mother, Sarah Jordan, said she did not feel justice had been done.

"Obviously, we have lost a daughter and a sister.

"It seems incredible there are no corporate manslaughter charges in New Zealand."

She said the family would campaign in New Zealand for extreme sports to be better regulated (Ed: we wish them every success with this, it's going to be a tough job)

"We want to raise the profile of the fact that no-one realises how dangerous how it is," Mrs Jordan said."

The ACC

Tourism is a multi-billion dollar industry for New Zealand so the resources do exist to bring adventure tourism and extreme sports up to standard. For too long "lack of money" has been used as an excuse for cutting corners. Add to that a situation where zero liability exists under the auspices of a no-fault accident provision under the ACC (New Zealand's Accident and Compensation Commission) rather than commercial insurance companies who would effectively 'weed out' businesses who don't make the grade, and it's easy to see why standards might slip.

The ACC is a Crown organisation that provides comprehensive, no-fault personal injury cover for all New Zealand residents and visitors to New Zealand. It is funded by levies on earnings, businesses’ payrolls, the cost of petrol and vehicle licensing fees as well as Government funding. The minister in charge is Nick Smith (who's also Minister for the Environment and for Climate Change Issues) His administrative support for is provided by the Dept of Labour.

A manslaughter trial started on the day the Mad Dog River Boarding case pleaded-out. It is being held in relation to the death of 21 year old Catherine Peters, who died from a fall from the Ballance Bridge Swing in the Manawatu Gorge, near Woodville. The world is watching as the prosecution of yet another adventure tourism death in New Zealand progresses through the courts. It's time to tighten up safety standards and restore confidence in the industry before tourists simply decide to go to countries that are less likely to kill them.

Mad Dog River Boarding Fined. Operators Need To Take More Care

See other posts about the trial here: Emily Jordan

Mad Dog River Boarding has been fined substantially less than the maximum penalty of $250,000 per offence - just $33,000 on each of the two charges. From the Southland Times:

"Adventure tourism company Mad Dog River Boarding has been fined $66,000 and ordered to pay $80,000 in reparation to the family of drowned British tourist Emily Jordan.

Ms Jordan, 21, drowned after getting trapped beneath a rock while on a trip with the company in April last year.

Parent company Black Sheep Adventures Ltd yesterday pleaded guilty to Health and Safety in Employment Act charges, which were brought by Maritime New Zealand.

This morning, Judge Brian Callaghan fined the company $33,000 on each of the two charges.

He found that the company failed to take six practicable steps to protect employees and customers, noting the whitewater environment in which it operated did not minimise its liability.

"The more risky the situation, the more care operators need to take."

The company was also ordered to pay the Jordan family $80,000 in reparation, however this amount was covered by insurance held by the company."

A deal was struck on Friday which resulted in four of the charges being dropped and the company pleading guilty to the remaining two.

Chris Jordan Gives Press Conference

First reports are coming in for the press conference held yesterday by British man Chris Jordan, father of Emily Jordan who drowned whilst river boarding with Mad Dog River Boarding in New Zealand in 2008. See other posts about the trial here: Emily Jordan

Otago Daily Times, 25 August

Grieving father calls for regulation

"The grieving father of a 21-year-old woman killed while river boarding on the Kawarau River is calling for actual regulations and stringent safety standards to be imposed on adventure tourism operators.

Emily Louise Jordan (21) died on April 29 last year when she was trapped underwater against a rock for 20 minutes.

Queenstown adventure tourism company Black Sheep Adventures Ltd, trading as Mad Dog River Boarding, pleaded guilty in the Queenstown District Court yesterday to two Health and Safety in Employment Act 1992 charges relating to not taking all "practicable steps" to ensure the safety of Ms Jordan and other customers on that day.

A charge of not ensuring employees' safety and three related charges against the company's managing director, Brad McLeod, were withdrawn.

The Maritime New Zealand prosecution of Black Sheep Adventures and Mr McLeod began last week, with all charges originally being defended.

In a statement yesterday after the plea change, Mr Jordan asked for changes to the adventure tourism industry in New Zealand.

"Emily died unnecessarily," he said.

Mr Jordan stopped short of asking for river boarding to be banned, but hoped for changes to ensure such adventure tourism companies were forced to operate the standards expected in "a respected western country".

Although he accepted most operators would follow guidelines, he said enforceable regulations and safety auditing would ensure all commercial activities offered as fun were also as safe as possible.

Although New Zealand was a "small country", he said operators could be levied to fund enforcement checks.

"They [companies] are taking money from people for these things - why can't the money [to regulate and enforce regulations] be taken from that."

He said Ms Jordan had enjoyed water sports such as sailing, swimming and water skiing all her life and for her to die in water had been a shock to the family.

Refusing to call them "life jackets", he had seen the buoyancy aids given to clients on Mad Dog River Boarding trips and felt they were "not fit for purpose".

He said a proper life jacket was required for such an extreme activity, complete with a groin strap to prevent them being pulled off over an unconscious person's head, as happened during the attempt to rescue Ms Jordan while she was trapped in white water on the Kawarau.

They also needed to be more buoyant - evidence presented to Judge Brian Callaghan over the course of the four days of prosecution evidence suggested Ms Jordan had been between 1m and 1.5m under the surface of the water.

"With adequate buoyancy you don't go under the water," Mr Jordan said.

Some even had inbuilt ropes.

Guidelines drawn up in the months after Ms Jordan's death require all river boarding operations to carry ropes.

Mr Jordan said the evidence of former Mad Dog operations manager Nicholas Kendrick had been "very upsetting to sit through" and there seemed to be a "problem" with guides seeking greater thrills, forgetting the clients were not as experienced as themselves.

He stopped short of calling for river boarding to be banned as he did not want to be a "killjoy" and knew it was "unrealistic".

"I want to offer something constructive," he said.

He praised the Maritime New Zealand investigation, but said it would be better to be more proactive and suggested if insurance was required, rather than the ACC system, perhaps insurance companies would "act as quasi police".

Mad Dog River Boarding pleaded guilty on two charges, the maximum penalty for each offence is $250,000.

Emily Jordan Death & Mad Dog Riverboarding Trial - Father's Response

"The appalling...ridiculous way she died has just been very upsetting. It was just so preventable at every stage and the impact on us is there forever" Chris Jordan, father of Emily Jordan (TVNZ)

Please take some time to listen to his very articulate comments and recommendations in a Radio NZ interview link:
http://www.radionz.co.nz/audio/national/ckpt/2009/08/24/company_pleads_guilty_to_2_charges_over_tourist_death

The company is liable for a maximum fine of $250,000 on each of the two charges and sentencing will take place on Tuesday.

See other posts about the trial here: Emily Jordan

Emily Jordan Riverboarding Death: Court Told Doubts About Mad Dog's Safe Operational Plan. UPDATED

Picture Birmingham Mail

See other posts about the trial here: Emily Jordan

From ODT 21 August

"Allegations a company did not have an "industry standard" safe operational plan and was "irresponsible" for not carrying a rope were some of the issues discussed at length by Maritime New Zealand's whitewater sports expert witness in the Queenstown District Court yesterday.

In the prosecution following the death of English tourist Emily Jordan during a river boarding trip on the Kawarau River on April 29 last year, Maritime New Zealand's whitewater sports expert witness, Donald Calder, said while the company's safe operational plan at the time noted risks in the river, there were no steps shown to "eliminate, isolate or minimise hazards".

"I do not consider the Mad Dog safe operational plan meets industry standards."

...On the day, Ms Jordan and her boyfriend, Jonathan Armour, went on the river-boarding trip, former Mad Dog operations manager Nicholas Kendrick had noted the Kawarau River was low and the rock in Frogz Eddy which Ms Jordan became trapped on was a hazard.

On Tuesday, Mr Kendrick said he had decided to continue with plans to include the section of river but with a directive to keep all clients to river right, in a wider channel past the rock.

Mr Calder told Judge Callaghan he would have either started below that rapid or brought everyone to a calm eddy on the left hand bank and individually escorted them past the rock.

He said clients in a line often swung wider at the "tail" of the group as their reactions were based on those of the person in front of them and a delay down the chain "compounds the error through the group", Mr Calder said.

He believed that was how Mr Armour and Anne Nichols, of the United States, drifted too far left and had to be helped past the rock.

Also too far left, Ms Jordan was swept on to the rock, where she was trapped under water.

Mr Calder disagreed with Mr Kendrick's evidence that a jet ski, at 350kg, would pose too much of a threat to people in the water and was not manoeuvrable enough in rescue situations.

Mr Calder said he had witnessed jet skis at the section of river and they had "good manoeuvrability and can be placed where needed".

"I consider having a jet ski available throughout the trip . . . is one practicable step Mad Dog should have taken."

He stated in his evidence that he considered Mad Dog "was irresponsible by not carrying the rope" - an item "most professionals would say is one of the few basic pieces of equipment . . . for all water activities".

However, defence counsel Michael Parker questioned Mr Calder's claim a 15m rope would have been long enough to rig a pulley system around rocks in the area.

Mr Calder said it would not have reached a second rock, but was long enough to have doubled a person's pulling power on the day.

When asked by Mr Parker if he accepted the rescue was not "straightforward", Mr Calder said had there been a rope, "it should have been a very straightforward rescue".

There had been moves to better regulate the river boarding, sledging or surfing industry before Ms Jordan's death - Mr Calder had kayaked on the Kawarau River shadowing both Mad Dog and Serious Fun River Surfing in January 2008 before Ms Jordan drowned.

Having observed both companies, one of the issues he later discussed with Maritime New Zealand was that the life jackets used were "not fit" for white water."

UPDATE 22 August

Looks like a deal is about to be struck before the defence even presents its case: River-boarding parties hoping for 'outcome'

"Yesterday, on the fifth day of the proceedings, the presentation of the prosecution's evidence was halted as a series of meetings were held between Maritime New Zealand representatives, the prosecution and defence lawyers and McLeod.

About midday, Maritime New Zealand prosecuting counsel Brent Stanaway told Judge Brian Callaghan both parties had agreed to apply for an adjournment until noon on Monday.

Mr Stanaway said the matter was "likely to be resolved" at that point, with "an outcome" at the hearing.

Judge Callaghan agreed to the adjournment. "

See also:

Rafting company operated in a regulatory vacuum

Mad Dog Riverboarding company in court

Emily Jordan not briefed about how to escape

Boyfriend critical about the safety briefing

Rescue approach "ill educated"

Emily Jordan River Boarding Death - Rescue Approach "ill educated"

See other posts about the trial here: Emily Jordan

ODT 20 August

"A whitewater sports expert has told a Queenstown court hearing that a rescue rope could have saved the life of a young English woman who drowned while riverboarding in the Kawarau Gorge last year.

The belief that ropes and knives could become hazards themselves in white-water situations was "ill-informed and uneducated", a white-water rafting guide and former New Zealand kayaking representative told Judge Brian Callaghan in the Queenstown District Court yesterday.

Appearing as Maritime New Zealand's expert witness in the prosecution following the death of English tourist Emily Jordan during a Mad Dog River Boarding trip on the Kawarau River last year, Donald Calder said carrying a rope would have increased the guides' chances of rescuing her alive.....

.....On the third day of the hearing, Mr Calder said although there were differences between white-water activities such as kayaking, rafting and river boarding, once a person was out of their vessel, they were all in the same situation.

All white-water participants should expect entrapments because they were "fairly common" and in the past 23 years, he had been involved in a number of entrapment rescues - including of himself.

Although ropes in throw bags did not guarantee a successful rescue, Mr Calder said "most" did, while "some have involved injury and some death".

He said all white-water guides should have as much training as possible in rescue techniques, and river rescue courses were "an integral part" of New Zealand's rafting industry.

He considered it "unhelpful" the recent version of Mad Dog's safety plan had removed a requirement for guides to attend a swift-water rescue training course.

There was also "no excuse" for people in a white-water situation not to carry a throw bag with rope..."

More here: Rescue approach ill-informed: guide

Emily Jordan Riverboarding Death - Boyfriend Critical Of Risks Briefing

See other posts about the trial here: Emily Jordan

Johnathan Armour, Emily Jordan's boyfriend (see 'British woman Emily Jordan's death' and 'Emily Jordan not briefed on how to escape') today gave evidence via video link from the UK to the court hearing in New Zealand. He criticised the safety briefing given to the couple prior to their river boarding experience, saying if he'd been better informed about the possible dangers he wouldn't have gone. According to the Otago Daily Times a guide on the trip and Mad Dog Operations manager Nicholas Kendrick told the court:

"he had been through the rapid, where Ms Jordan was stuck, about 2000 times and there had never been an issue with being trapped.When asked if they should have given people more information about the dangers of being entrapped, Mr Kendrick said they did not want to scare people about to go on a trip.

The safety briefings gave people as much information as they needed to know while providing guides with an opportunity to assess people's abilities."We tell clients it is a full-on activity and the river is a dangerous place," Mr Kendrick said. The guides made sure the clients were paying attention - "we make them take off their sunglasses . . . no talking . . . we make sure they are listening," he said."Throughout the training process we are trying to motivate clients so they have the right mindset to attack the rapids," he said. "[We tell them] positive actions they can do and not scare them with the dangers."

There had been a waiver raising a possibility of injury, death or damage to personal property and at least three safety briefings.

But Mr Armour said the tone had not been serious and there was no indication that should anyone be entrapped, rescue was not assured, nor were they told methods to get out of entrapment."

Anne Nichols, an American woman who was also on the trip told the court the guides' manner had made some of the serious information seem like jokes:

"Despite previous whitewater rafting experience, Ms Nichols said the trip was "uncomfortable" and "dangerous".

When asked by defence counsel Michael Parker if she made the judgement with "the benefit of hindsight", Ms Nichols said she could have told him after the first rapid.

Ms Jordan had been confident in water, Mr Armour said.However, she fell off her board after the second rapid and he helped her back on just before the Frogz Eddy rapid where she died.

Mr Armour indicated they drifted further left than instructed and a guide pushed him back to the right hand side of the rock.When looking back for Ms Jordan he instead saw an "unmanned board" on the left side of the rock and a hand above the water.

Mr Kendrick said there had been a lengthy attempt to dislodge Ms Jordan who was wedged, possibly in a crevice, around her chest.During that time, the lead on her wrist snapped and when they grabbed her lifejacket it came off.

After a Serious Fun River Surfing group arrived and a rope was obtained, six guides from both companies managed to tie it around her arm and after about another five minutes, Ms Jordan was freed.

However, she could not be resuscitated."

Since the tragedy Maritime NZ has issued guidelines for riverboarding, does this mean that up up until the time of Miss Jordan's death there weren't any?

"Mr Kendrick believed there would have been no way to rescue Ms Jordan alive even if a rope had been used sooner, as it had taken six people more than five minutes of hauling to free her.

He said since the incident, Maritime New Zealand had issued a number of river boarding guidelines - many of which the company already followed. One of the new guidelines was to carry a rope and carabiners."

See 'Riverboarding company operating in a regulatory vacuum'

"Has adventure tourism gone too far?"
from travelgeneration.com 1 May 2009

"Queenstown in New Zealand, Bariloche in Argentina, Interlaken in Switzerland and Cairns in Australia all pride themselves as world adventure tourism meccas. But unfortunately none of them are without serious injuries or death to paying customers in the last few years. The recent spate of adventure tourism related accidents in Queenstown alone (six serious injuries including at least 3 deaths in the last 12 months) and the death of two travellers on Fraser Island Australia last week has got me thinking - has adventure tourism gone too far?

As we as humans seek more and more adrenalised activities are we putting too much trust into the hands of profit driven adventure tourism operators?.....read on here

Emily Jordan Not Briefed About How To Escape, Boyfriend To Give Evidence

picture Daily Mail

See other posts about the trial here: Emily Jordan

From worcesternews.co.uk Monday 17 August

"A FORMER Worcester schoolgirl who died taking part in an extreme sport was not briefed about how to escape in an emergency, a court was told.

Emily Jordan, of Trim-pley, near Bewdley, was riverboarding in the Kawarau River Gorge near Queenstown on New Zealand’s south island in April last year.

The former Alice Ottley School (which has now merged with the Royal Grammar School) student became trapped between rocks and drowned. Now 16 months since the accident, the adventure trip operator and its director are standing trial over health and safety failings.

During the first day of the trial yesterday, the court was told how employees of Mad Dog River Boarding did not tell the group how to escape if they got trapped.

The court was also told how company director Brad McLeod’s boat carried neither throw-bags nor ropes the day 21-year-old Miss Jordan died.McLeod and his company face three charges each over Miss Jordan’s death, including failing to ensure the actions or inaction of employees did not harm Miss Jordan Other charges, which have been laid under the Health and Safety Employment Act 1992, are failure to take all practical steps to ensure the safety of employees and the prevention of possible hazards."

From Yahoo.co.nz

"The boyfriend of an English tourist who died while riverboarding with a Queenstown company last year will give evidence by video link at the company's trial.

British woman Emily Jordan, 21, drowned after becoming trapped by rocks while riverboarding on the Kawarau River Gorge last April, on an outing organised by Black Sheep Adventures Ltd, which trades as Mad Dog River Boarding.

Director Brad McLeod and his company deny three charges each laid by Maritime New Zealand under the Health and Safety in Employment Act.

Yesterday, prosecutors told Queenstown District Court Mr McLeod's boat was not carrying throw-bags or ropes the day Ms Jordan drowned.

The company was taking tourists on excursions when the river level was unusually low and had not briefed them on how to escape if trapped when riding on the modified wakeboard, the court was told.

Ms Jordan had been under water for about 20 minutes before a boat operated by another company came along. The crew of the second boat used ropes to retrieve her body.

Her boyfriend, Jonny Armour, was standing on the riverbank while rescuers recovered her corpse.

He and an American woman, who was also on the trip, will give evidence in the trial by videolink from London and New York respectively."

See also:

Emily Jordan's Death: Mad Dog Riverboarding in court

Family of drowned woman says NZ government have kept it in the dark

Father questions safety after river sports death

Rope, Knife may have saved life

British Woman Emily Jordan's Death: Mad Dog Riverboarding Company In Court

See other posts about the trial here: Emily Jordan

From Stuff:

"Mad Dog River Boarding director Brad McLeod is in Queenstown District Court today defending charges laid by Maritime New Zealand after a tourist died on one of the company's excursions.

British woman Emily Jordan, 21, drowned after becoming trapped between two rocks while riverboarding on the Kawarau River Gorge last April.

The outing was organised by Black Sheep Adventures Ltd, which trades as Mad Dog River Boarding.

Mr McLeod and his company deny three charges each laid under the Health and Safety in Employment Act.

The hearing is expected to take five days."

Emily's death came just two weeks after six high school students and a teacher were drowned on a canyoning expedition with the Sir Edmund Hilary Outwardbound Centre during inclement weather. The centre was later prosecuted, pleaded guilty and were ordered to pay a $40,000 fine and $440,000 in reparations. Read: 'A year of death on the nation's rivers'

SundayMercury.net 5 May 2008:

"Graduate reveals her terror on NZ rapids which killed Emily Jordan"

A UNIVERSITY graduate last night revealed her own terrifying ordeal tackling the same New Zealand rapids which claimed the life of Midlander Emily Jordan.

Emma Hollindrake, 22, went river-boarding in the Kawarau River gorge just a week before the tragic 21 year-old Worcester student drowned.

Both girls had booked their trips with Queenstown-based Mad Dog River Boarding Company.

Emma told the Sunday Mercury last night: "It was the worst experience of my life - I was absolutely petrified.

"I felt under-confident in my ability on the board which made me worry that I would do something wrong and end up in serious bother. At one point I was almost in tears".....

....On its website, Mad Dog River Boarding Company insists the sport is suited to people who only need "reasonable swimming ability".

Yet the riverboard trip includes six rapids lasting 45 minutes and, according to the site, "leads participants down the mighty Kawarau River, blasting through the infamous Roaring Meg rapids."

But Emma, a Nottingham University graduate who is now travelling the world, questioned the company's safety procedures.

She said: "With Mad Dog there were a few elements which made me doubt that I was as safe as I possibly could be.

"The goggles did not fit, the group was too big and there were not enough guides.

"You are trying your best to stay in control and on your board, and heading down the rapids is hard enough given the space to do it. But in such a large group you often knock into people, knocking you off-course which can be pretty dangerous on a rapid.

"On our trip, there were four guides, that left them with five people each which was not enough to ensure my feeling of safety for the whole trip as it is such a demanding experience.

"Also, the guides told us that we should stay in their paths and turn our boards either right or left when told to do so.

"But as you are being dragged by the river I found that quite frequently you could be in between two different groups, and two different guides, and be too far away to hear or see the signal of when to turn your board.

"The guides were also reluctant to let us not participate.

"Me and one girl went over the first rapid together and she hated it. The guys had to come and assist her and were almost shouting at her when she told them that she did not feel comfortable to continue.

"She did get out of the water but only because she kicked up a fuss. This made me feel uncomfortable about also trying to get out as they were clearly not happy with the situation, so I continued down the river.

"But at one point I swallowed an awful lot of water and was struggling to get my breath back. I shouted to one of the guides that I wasn't sure if I could continue and he told me there was absolutely no way of getting out.""

The UK's Daily Mail also published information from a tourist who'd been riverboarding in NZ:

Photo Daily Mail

"Heather Findlay, 25, who went river-boarding in New Zealand last year, said it was terrifying.

'I got sucked into one rapid called the Man Eater - I couldn't catch my breath and thought I was going to drown.

'I just got caught up in the undercurrent and it kept swirling me around.'

Read more: http://www.dailymail.co.uk/news/article-1017483/British-backpacker-21-drowns-New-Zealand-rides-rapids-bodyboard.html#ixzz0OUD2mSHj

Read more about other concerns over the safety of outdoor activities in NZ: Outdoor adventure in NZ It is thought that the number of tourist adventure injuries in NZ rivals that of road injury victims (New Zealand's road toll is twice that of the UK's )