Nelson Dive Centre has partially succeeded in its High Court appeal against a sentence over the diving accident in French Pass, Marlborough Sounds, March 2000. Three students died. The dive centre was fined under the Health and Safety Employment Act.
Justice Ronald Young quashed the district courtâs previous decision relating to the $75,000 fine on six charges. He referred the case back to the district court for a new sentence with a maximum $50,000 fine and to treat all charges as one offence.
But he upheld the district court finding that there was an employer-employee relationship between the centre and the instructor. The centre argued he was a contractor.