Court finds unsafe quad bike killed Tararua farmhand

A quad bike rollover which cost a Tararua farmhand his life could have been avoided if the farm manager had kept the bike in good working order, says WorkSafe New Zealand.

Worn brakes, uneven tyre pressure, and poor suspension were among the defects found on the bike that flipped at low speed and killed 31-year-old Ethen Payne at an Eketāhuna dairy farm in November 2022.

The bike was purchased second-hand and had no crush protection device installed. The farm manager and bike owner, Dane Hemphill, was sentenced at Wellington District Court yesterday for health and safety failures uncovered by a WorkSafe investigation. Reparations of $75,000 were ordered to be paid to the victim’s family and more than $4,000 costs to WorkSafe.

The judge said Mr Hemphill was not being held accountable for causing Payne’s death. Instead, the sentence imposed was for not taking all practicable steps to ensure Mr Payne’s safety.

A victim impact statement read in court said Mr Payne’s mother has since died of a broken heart.

“This tragedy should be the lightning rod the agriculture sector needs to up its game on quad bike safety,” says WorkSafe’s central regional manager, Nigel Formosa.

“First and foremost, WorkSafe strongly recommends installing a crush protection device on the back of a quad bike.”

Pre-start checks are important, primarily to check tyre pressure and brake function before setting off.

Regular servicing in line with the manufacturer’s recommendation is also a must, says WorkSafe. This may include oil changes and filter replacements. A checklist can be handy to document the frequency of servicing, what was looked at, and any fixes undertaken.

Any issues identified during pre-start checks or servicing should be addressed promptly to avoid further problems or potential hazards.

“We know life is busy for farmers, but there’s no excuse for letting your quad bike maintenance slide – especially when the consequences can be catastrophic,” said Mr Formosa.

“Ideally maintenance checks are done by a mechanic. If you are too busy to take your quad bikes in for a service, arrange for a mobile mechanic to come out to you.

“The cost is nothing compared to having a preventable death on your conscience.”

Agriculture was New Zealand’s deadliest industry in 2024, with 14 workers killed. Vehicles were the leading cause of death and injury on New Zealand farms, which is why WorkSafe’s new strategy targets about a quarter of our future inspectorate activity towards agriculture.

“Businesses must manage their risks, and WorkSafe’s role is to influence businesses to meet their responsibilities and keep people healthy and safe. When they do not, we will take action,” Mr Formosa said.

Read more about the safe use of quad bikes.