The tale of Michael Stevens – killed 27 May 2008 – hit by falling tree

Written By: - Date published: 6:11 pm, July 4th, 2013 - 19 comments
Categories: uncategorized - Tags:

I have collected up the available documentation on the men killed in the forest since 2008. I am going to try, using the documents I have, to tell their story – one at a time. I haven’t been able to contact all the families of these men and hope if any of them read this, they are not surprised or upset to see the details set out like this.

The documents are public but have never been pulled together in one place. If we have an inquiry – they will provide some of the clues to what is going on. I have OIA’d the last 50 serious harm injuries as well – but the MBIE won’t provide them. MBIE have not collated and looked at these deaths as a set – I think collectively they paint an important picture.

This week the Forest Owners said they would welcome an independent inquiry into the industry and we hope to meet with them to talk about this soon, but really we need Mr Bridges to get over the line on this and agree to support it. I am hoping telling these stories will help.

Michael Stevens was killed in Ngaumu Forest in the Wairarapa on 27 May 2008. He was 40 years old. He was employed by Montana Logging working in a Juken NZ forest. He was struck by a falling tree. The foremen became concerned when he had not heard any cutting from the area Michael was working in for a while and went to look. He was found dead.

Michael had only started work 7 months before the accident and had been to polytech for a training course before hand. He was basically a trainee and was working towards his first tree felling unit standard on the week prior to the accident. Montana records indicated that it had clear faith in his ability to work competently, safely and productively on his own with limited or no supervision. He was cutting a tree which had a large wind thrown tree leaning heavily against it creating a large amount of pressure on the standing tree, thus causing the tree to fall quicker after the back cut was completed and causing the wind thrown tree to spring forward in the direction the falling tree would have taken. Other wind thrown trees nearby made it difficult to establish an uphill escape route. The falling tree hit other trees on the ground and slid sideways and backwards striking him in the area of his predetermined escape route.

The inspector found Michael’s decision to cut a particular dangerous tree was the critical factor in his death – he blamed him. “In this case DOL believe that there has been a breach of Section 19, in that an employee’s inactions have been the major contributing factor into the cause of the accident” “In this case there are no clear recommendations that can be made to dramatically improve processes or procedures to ensure this does not occur again”.

He wrote in the report that Michael was a worker “who could be trusted, who had initiative, a great work ethic and immense passion for tree felling”.

The inquiry report has no details of an employment agreement, nor record the hours of work that week , nor the weather conditions at the time. It does record that Michael tested negative to drugs. Five contributing hazards and four contributing causes were identified by the inspector but none included the weather or fatigue. The inspector found Montana had a comprehensive management system for this logging operation – the Coroner concluded it did not.

Coroner Garry Evans carried out a full inquiry into Michaels death. He found the DOL had been wrong to attribute health and safety duties to Michael that actually sat with his employer. After hearing from an expert witness he concluded Michael was cutting a tree beyond his experience and in fact lacked the training to even recognise that he was out of his depth. He found the health and safety plan was a generic one and insufficient for the specific site, and that Michael had only two months tree felling experience and was doing work usually done by the most experienced fellers.

Coroner Garry Evans recorded that it “cannot reasonably be said that … an employee’s inactions have been the major contributing factor into the cause of the accident”. An expert witness found that other contributing factors to the poor decision made by Michael included weather conditions (raining, wet, poor light, cold), time of day and having had only one day of rest (Sunday) before starting the next weeks work, maybe some personal problems but this was questioned, and not enough experience. The expert said that with the wet conditions the likelihood of the tree sliding backward or sideways into the escape route was very high.

No prosecution was taken in relation to this death. It is unclear if the Coroners recommendations were adopted by the Department – there is no legal requirement under the Coroners Act for any party to formally respond.

19 comments on “The tale of Michael Stevens – killed 27 May 2008 – hit by falling tree ”

  1. vto 1

    Oh well at least we know the risks in working in a forest now

    • Chris 1.1

      Obviously you have no understanding of the industry or the job at hand. Until you’ve been out there & do what we do I think you should keep your opinions to yourself! We’ve personally buried 8 people in 17 years, you have no idea of the risks. Id like to take you to work in our industry for a month & then see what you think. Signed, 24 years tree felling.

      • vto 1.1.1

        Well actually I have worked in forestry fulla and now work in a similarly dangerous sector. And in case you hadn’t noticed, my point was in support of your position. It was trying to highlight the evilly flippant manner of this government when it comes to safety of workers. Witness also Pike River.

        And no, I wont keep my opinions to myself, no matter whether they are decent or useless.

  2. karol 2

    So who was the inspector appointed by, who did the initial inquiry? An employer representative? Sounds like it as the blame was put onto the employee, Michael.

    Surely it is absolutely essential that an independent inquiry be held into all the forestry deaths. The findings by the coroner, that is totally opposed to the initial inquiry report blaming the health & safety provisions by the employer, indicates that the “inspector” cannot be trusted.

    • Chris 2.1

      Cheers karol, awesome post. You obviously know what the industry is about. Us who do the job, respect your opinion. From a veteran cutter.

      • karol 2.1.1

        Erm. Chris, I hope you aren’t confusing me with the writer of the above, “awesome post”: ie Helen Kelly. She clearly knows way more about the forestry industry than I do. I’m just going by her post.

        And clearly you do know about the industry, Chris. Hope they can get better and safer conditions for all forestry workers.

  3. Suitably Clueless 3

    Thanks for this Helen, I know a few people in the industry, and I hope I am never in the position of this man’s family and friends.

  4. Chris 4

    Classic example of poor cutover management by the foreman, contractor & all staff members on site. Anyone with any experience should’ve never have put that man out there with such little experience & time on the felling face. Clearly he was out of his league & didn’t know it. Those that had experience in the crew, i.e foreman & contractor therefore should be liable & prosecuted for this man’s death. I would like to know if he was a registered tree feller, under training in the company that he was employed & if he was, for the experience he had, the company (forest owner), therefore should be just as liable as the foreman & contractor. Its just a classic example of negligence towards the worker.

  5. Sable 5

    Yes and crappy Keys made it worse with his 90 day law. Now anyone new to a job has to put up with unsafe working conditions or face the sack.

  6. Hazel 6

    Helen, I agree with you that Gary Evans recommendations should be formally responded to by DOL. I wonder if the Ombudsman would be interested? Or perhaps a member of a Select Committee could ask the DOL to respond. The DOL ought to learn from the Coroner in cases like this.

  7. Wendy 7

    Keep highlighting these issues and telling these stories Helen. Crucial public work in these increasingly unsafe times. Completely unacceptable that Michael was blamed by the first ‘investigation’.

  8. fender 8

    Montana didn’t have the “comprehensive management system” that the first inspector believed them to have, is he a liar, corrupt or just incompetent, I wonder. This company allowed someone with only two months experience to attempt work he shouldn’t be expected to perform, especially without adequate supervision and guidance from an expert. Don’t mind betting that Michael wasn’t being paid as an expert, despite being expected to perform the tasks of one. He himself may have felt like he could tackle these tasks, but the company has an obligation to manage their less experienced workers until they have been fully trained in the hands-on complexities of tree felling.

    The Coroners Act needs more teeth if Montana don’t face prosecution for negligence I believe.

    Keep up the great work you are doing in this area Helen.

Links to post

Recent Comments

Recent Posts

  • Pharmac Chair appointed
    Hon Paula Bennett has been appointed as member and chair of the Pharmac board, Associate Health Minister David Seymour announced today. "Pharmac is a critical part of New Zealand's health system and plays a significant role in ensuring that Kiwis have the best possible access to medicines,” says Mr Seymour. ...
    BeehiveBy beehive.govt.nz
    15 hours ago
  • Taking action on Fetal Alcohol Spectrum Disorder
    Hundreds of New Zealand families affected by Fetal Alcohol Spectrum Disorder (FASD) will benefit from a new Government focus on prevention and treatment, says Health Minister Dr Shane Reti. “We know FASD is a leading cause of preventable intellectual and neurodevelopmental disability in New Zealand,” Dr Reti says.  “Every day, ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • New sports complex opens in Kaikohe
    Regional Development Minister Shane Jones today attended the official opening of Kaikohe’s new $14.7 million sports complex. “The completion of the Kaikohe Multi Sports Complex is a fantastic achievement for the Far North,” Mr Jones says. “This facility not only fulfils a long-held dream for local athletes, but also creates ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Diplomacy needed more than ever
    Foreign Minister Winston Peters’ engagements in Türkiye this week underlined the importance of diplomacy to meet growing global challenges.    “Returning to the Gallipoli Peninsula to represent New Zealand at Anzac commemorations was a sombre reminder of the critical importance of diplomacy for de-escalating conflicts and easing tensions,” Mr Peters ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Anzac Commemorative Address, Buttes New British Cemetery Belgium
    Ambassador Millar, Burgemeester, Vandepitte, Excellencies, military representatives, distinguished guests, ladies and gentlemen – good morning and welcome to this sacred Anzac Day dawn service.  It is an honour to be here on behalf of the Government and people of New Zealand at Buttes New British Cemetery, Polygon Wood – a deeply ...
    BeehiveBy beehive.govt.nz
    2 days ago
  • Anzac Commemorative Address – NZ National Service, Chunuk Bair
    Distinguished guests -   It is an honour to return once again to this site which, as the resting place for so many of our war-dead, has become a sacred place for generations of New Zealanders.   Our presence here and at the other special spaces of Gallipoli is made ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • Anzac Commemorative Address – Dawn Service, Gallipoli, Türkiye
    Mai ia tawhiti pamamao, te moana nui a Kiwa, kua tae whakaiti mai matou, ki to koutou papa whenua. No koutou te tapuwae, no matou te tapuwae, kua honoa pumautia.   Ko nga toa kua hinga nei, o te Waipounamu, o te Ika a Maui, he okioki tahi me o ...
    BeehiveBy beehive.govt.nz
    3 days ago
  • PM announces changes to portfolios
    Paul Goldsmith will take on responsibility for the Media and Communications portfolio, while Louise Upston will pick up the Disability Issues portfolio, Prime Minister Christopher Luxon announced today. “Our Government is relentlessly focused on getting New Zealand back on track. As issues change in prominence, I plan to adjust Ministerial ...
    BeehiveBy beehive.govt.nz
    4 days ago
  • New catch limits for unique fishery areas
    Recreational catch limits will be reduced in areas of Fiordland and the Chatham Islands to help keep those fisheries healthy and sustainable, Oceans and Fisheries Minister Shane Jones says. The lower recreational daily catch limits for a range of finfish and shellfish species caught in the Fiordland Marine Area and ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Minister welcomes hydrogen milestone
    Energy Minister Simeon Brown has welcomed an important milestone in New Zealand’s hydrogen future, with the opening of the country’s first network of hydrogen refuelling stations in Wiri. “I want to congratulate the team at Hiringa Energy and its partners K one W one (K1W1), Mitsui & Co New Zealand ...
    BeehiveBy beehive.govt.nz
    5 days ago
  • Urgent changes to system through first RMA Amendment Bill
    The coalition Government is delivering on its commitment to improve resource management laws and give greater certainty to consent applicants, with a Bill to amend the Resource Management Act (RMA) expected to be introduced to Parliament next month. RMA Reform Minister Chris Bishop has today outlined the first RMA Amendment ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Overseas decommissioning models considered
    Overseas models for regulating the oil and gas sector, including their decommissioning regimes, are being carefully scrutinised as a potential template for New Zealand’s own sector, Resources Minister Shane Jones says. The Coalition Government is focused on rebuilding investor confidence in New Zealand’s energy sector as it looks to strengthen ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Release of North Island Severe Weather Event Inquiry
    Emergency Management and Recovery Minister Mark Mitchell has today released the Report of the Government Inquiry into the response to the North Island Severe Weather Events. “The report shows that New Zealand’s emergency management system is not fit-for-purpose and there are some significant gaps we need to address,” Mr Mitchell ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Justice Minister to attend Human Rights Council
    Justice Minister Paul Goldsmith is today travelling to Europe where he’ll update the United Nations Human Rights Council on the Government’s work to restore law and order.  “Attending the Universal Periodic Review in Geneva provides us with an opportunity to present New Zealand’s human rights progress, priorities, and challenges, while ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Patterson reopens world’s largest wool scouring facility
    Associate Agriculture Minister, Mark Patterson, formally reopened the world’s largest wool processing facility today in Awatoto, Napier, following a $50 million rebuild and refurbishment project. “The reopening of this facility will significantly lift the economic opportunities available to New Zealand’s wool sector, which already accounts for 20 per cent of ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Speech to the Southland Otago Regional Engineering Collective Summit, 18 April 2024
    Hon Andrew Bayly, Minister for Small Business and Manufacturing  At the Southland Otago Regional Engineering Collective (SOREC) Summit, 18 April, Dunedin    Ngā mihi nui, Ko Andrew Bayly aho, Ko Whanganui aho    Good Afternoon and thank you for inviting me to open your summit today.    I am delighted ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Government to introduce revised Three Strikes law
    The Government is delivering on its commitment to bring back the Three Strikes legislation, Associate Justice Minister Nicole McKee announced today. “Our Government is committed to restoring law and order and enforcing appropriate consequences on criminals. We are making it clear that repeat serious violent or sexual offending is not ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • New diplomatic appointments
    Foreign Minister Winston Peters has today announced four new diplomatic appointments for New Zealand’s overseas missions.   “Our diplomats have a vital role in maintaining and protecting New Zealand’s interests around the world,” Mr Peters says.    “I am pleased to announce the appointment of these senior diplomats from the ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Humanitarian support for Ethiopia and Somalia
    New Zealand is contributing NZ$7 million to support communities affected by severe food insecurity and other urgent humanitarian needs in Ethiopia and Somalia, Foreign Minister Rt Hon Winston Peters announced today.   “Over 21 million people are in need of humanitarian assistance across Ethiopia, with a further 6.9 million people ...
    BeehiveBy beehive.govt.nz
    6 days ago
  • Arts Minister congratulates Mataaho Collective
    Minister for Arts, Culture and Heritage Paul Goldsmith is congratulating Mataaho Collective for winning the Golden Lion for best participant in the main exhibition at the Venice Biennale. "Congratulations to the Mataaho Collective for winning one of the world's most prestigious art prizes at the Venice Biennale.  “It is good ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Supporting better financial outcomes for Kiwis
    The Government is reforming financial services to improve access to home loans and other lending, and strengthen customer protections, Commerce and Consumer Affairs Minister Andrew Bayly and Housing Minister Chris Bishop announced today. “Our coalition Government is committed to rebuilding the economy and making life simpler by cutting red tape. We are ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Trade relationship with China remains strong
    “China remains a strong commercial opportunity for Kiwi exporters as Chinese businesses and consumers continue to value our high-quality safe produce,” Trade and Agriculture Minister Todd McClay says.   Mr McClay has returned to New Zealand following visits to Beijing, Harbin and Shanghai where he met ministers, governors and mayors and engaged in trade and agricultural events with the New ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • PM’s South East Asia mission does the business
    Prime Minister Christopher Luxon has completed a successful trip to Singapore, Thailand and the Philippines, deepening relationships and capitalising on opportunities. Mr Luxon was accompanied by a business delegation and says the choice of countries represents the priority the New Zealand Government places on South East Asia, and our relationships in ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • $41m to support clean energy in South East Asia
    New Zealand is demonstrating its commitment to reducing global greenhouse emissions, and supporting clean energy transition in South East Asia, through a contribution of NZ$41 million (US$25 million) in climate finance to the Asian Development Bank (ADB)-led Energy Transition Mechanism (ETM). Prime Minister Christopher Luxon and Climate Change Minister Simon Watts announced ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Minister releases Fast-track stakeholder list
    The Government is today releasing a list of organisations who received letters about the Fast-track applications process, says RMA Reform Minister Chris Bishop. “Recently Ministers and agencies have received a series of OIA requests for a list of organisations to whom I wrote with information on applying to have a ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Judicial appointments announced
    Attorney-General Judith Collins today announced the appointment of Wellington Barrister David Jonathan Boldt as a Judge of the High Court, and the Honourable Justice Matthew Palmer as a Judge of the Court of Appeal. Justice Boldt graduated with an LLB from Victoria University of Wellington in 1990, and also holds ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Education Minister heads to major teaching summit in Singapore
    Education Minister Erica Stanford will lead the New Zealand delegation at the 2024 International Summit on the Teaching Profession (ISTP) held in Singapore. The delegation includes representatives from the Post Primary Teachers’ Association (PPTA) Te Wehengarua and the New Zealand Educational Institute (NZEI) Te Riu Roa.  The summit is co-hosted ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Value of stopbank project proven during cyclone
    A stopbank upgrade project in Tairawhiti partly funded by the Government has increased flood resilience for around 7000ha of residential and horticultural land so far, Regional Development Minister Shane Jones says. Mr Jones today attended a dawn service in Gisborne to mark the end of the first stage of the ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Anzac commemorations, Türkiye relationship focus of visit
    Foreign Affairs Minister Winston Peters will represent the Government at Anzac Day commemorations on the Gallipoli Peninsula next week and engage with senior representatives of the Turkish government in Istanbul.    “The Gallipoli campaign is a defining event in our history. It will be a privilege to share the occasion ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Minister to Europe for OECD meeting, Anzac Day
    Science, Innovation and Technology and Defence Minister Judith Collins will next week attend the OECD Science and Technology Ministerial conference in Paris and Anzac Day commemorations in Belgium. “Science, innovation and technology have a major role to play in rebuilding our economy and achieving better health, environmental and social outcomes ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Comprehensive Partnership the goal for NZ and the Philippines
    Prime Minister Christopher Luxon held a bilateral meeting today with the President of the Philippines, Ferdinand Marcos Jr.  The Prime Minister was accompanied by MP Paulo Garcia, the first Filipino to be elected to a legislature outside the Philippines. During today’s meeting, Prime Minister Luxon and President Marcos Jr discussed opportunities to ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government commits $20m to Westport flood protection
    The Government has announced that $20 million in funding will be made available to Westport to fund much needed flood protection around the town. This measure will significantly improve the resilience of the community, says Local Government Minister Simeon Brown. “The Westport community has already been allocated almost $3 million ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Taupō takes pole position
    The Government is proud to support the first ever Repco Supercars Championship event in Taupō as up to 70,000 motorsport fans attend the Taupō International Motorsport Park this weekend, says Economic Development Minister Melissa Lee. “Anticipation for the ITM Taupō Super400 is huge, with tickets and accommodation selling out weeks ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Cost of living support for low-income homeowners
    Local Government Minister Simeon Brown has announced an increase to the Rates Rebate Scheme, putting money back into the pockets of low-income homeowners.  “The coalition Government is committed to bringing down the cost of living for New Zealanders. That includes targeted support for those Kiwis who are doing things tough, such ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government backing mussel spat project
    The Coalition Government is investing in a project to boost survival rates of New Zealand mussels and grow the industry, Oceans and Fisheries Minister Shane Jones has announced. “This project seeks to increase the resilience of our mussels and significantly boost the sector’s productivity,” Mr Jones says. “The project - ...
    BeehiveBy beehive.govt.nz
    1 week ago
  • Government focused on getting people into work
    Benefit figures released today underscore the importance of the Government’s plan to rebuild the economy and have 50,000 fewer people on Jobseeker Support, Social Development and Employment Minister Louise Upston says. “Benefit numbers are still significantly higher than when National was last in government, when there was about 70,000 fewer ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Clean energy key driver to reducing emissions
    The Government’s commitment to doubling New Zealand’s renewable energy capacity is backed by new data showing that clean energy has helped the country reach its lowest annual gross emissions since 1999, Climate Change Minister Simon Watts says. New Zealand’s latest Greenhouse Gas Inventory (1990-2022) published today, shows gross emissions fell ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Earthquake-prone buildings review brought forward
    The Government is bringing the earthquake-prone building review forward, with work to start immediately, and extending the deadline for remediations by four years, Building and Construction Minister Chris Penk says. “Our Government is focused on rebuilding the economy. A key part of our plan is to cut red tape that ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Thailand and NZ to agree to Strategic Partnership
    Prime Minister Christopher Luxon and his Thai counterpart, Prime Minister Srettha Thavisin, have today agreed that New Zealand and the Kingdom of Thailand will upgrade the bilateral relationship to a Strategic Partnership by 2026. “New Zealand and Thailand have a lot to offer each other. We have a strong mutual desire to build ...
    BeehiveBy beehive.govt.nz
    2 weeks ago
  • Government consults on extending coastal permits for ports
    RMA Reform Minister Chris Bishop and Transport Minister Simeon Brown have today announced the Coalition Government’s intention to extend port coastal permits for a further 20 years, providing port operators with certainty to continue their operations. “The introduction of the Resource Management Act in 1991 required ports to obtain coastal ...
    BeehiveBy beehive.govt.nz
    2 weeks ago

Page generated in The Standard by Wordpress at 2024-04-28T12:12:29+00:00