NZDF prosecution about work safety

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NZDF prosecution about work safety

3News NZ

On Anzac day 2010, Sergeant Stevin Creeggan survived an Iroquios crash that killed three of his fellow airmen

On Anzac day 2010, Sergeant Stevin Creeggan survived an Iroquios crash that killed three of his fellow airmen

By Dan Parker

Sergeant Stevin Creeggan, the sole survivor of the 2010 Iroquios crash that killed three men is trying to prosecute the New Zealand Defence Force.

Mr Creeggan is trying to get compensation paid for the injuries he sustained and the NZDF's inability to provide him with a safe working environment.

Lieutenant General Rhys Jones spent the morning commemorating Vietnam veterans who fought and died in the Battle of Long Tan.

But behind the scenes, the Defence Force chief is concentrating on a different fight.

On Anzac day 2010, Sergeant Stevin Creeggan survived an Iroquios crash that killed three of his fellow airmen.

Sgt Creeggan, who is still working for the New Zealand Defence Force, now says he wants to prosecute Lt Gen Jones and the NZDF, saying they failed to provide him with a safe working environment. 

But they reject that.

“The reality is the Defence Force operates outside what normal civilian organisations, aircraft, ships, search and rescue people do,” says Lt Gen Jones. “So really that is the basis of our defence.”

He says it's a grey area.

But the law firm representing Sgt Creegan says it is black and white.

“They are not dodging missiles from the Taleban in Afghanistan,” says Peter Cullen of the Employment Law Firm. “They were flying like anybody does on a helicopter to Wellington as part of an Anzac Day ceremony, so we are not talking about a theatre of war.”

The matter will now be reviewed by a judge and could end up in the District Court.

If successful, Sgt Creeggan will pursue an independent review of the crash and financial compensation.

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Comments

19/08/2012 2:19:22 p.m.

Leslie wrote:

I just don't get this guy. You don't join the military to live a cushy, safe life. What happened was horrific! He is so lucky to have survived, when the others did not. Personally, I would want to celebrate my second chance and live life to the fullest, rather than drag the experience out for years. If he is so upset, why is he still working for the NZDF? He has received so much compensation and support already, and yet he has been such a bitter man about it all. Telling one of the widows that it was her husbands fault that all those men died - where has that been reported? There are two sides to every story. There is no doubt that the NZDF is flawed in many ways, but they are made up of humans who are just trying to do their job, and help our country. Live your life, make it better, take advantage of this second chance! You've only got one shot at this - make it count! Will it really make life better by suing the NZDF? It's not like anyone that day woke up with intent - what happened was a devastating ACCIDENT. We will remember them.

19/08/2012 12:08:46 p.m.

Vaughan wrote:

A prisoner escaping jail gets ACC for breaking his leg while scaling a fence. An employee of the NZ taxpayer gets injured in a fatal accident involving his workmates, is treated like nothing more than a number on a conveyor belt. . . Priceless. More bad publicity for the Military. The last thing they want are independent investigations and tribunals, or embarrassing public court cases. The Military PR campaigns and recruiting adverts aimed at the youth market, try to promote War Heroes and the glamorous life of seeing the World, spreading Freedom [ freedom for Banksters and Corporate thieves to rape and pillage the World ] and Democracy; not pesky employees who get killed and injured on the job. That's not sexy is it? No Mr Creeggan not what you expected or deserve, you are lucky to be alive. I bet you now consider your employment choice to be a bad one. Not necessarily solely because of the fatal accident, but also for the way you have been treated by your current employer. But should we expect anything less? Lets wash away the gloss that Military PR tries to spread like lipstick on a pig - you are part of a killing machine. The Military doesn't really care that much about you - consider Veterans seeking compensation of exposure to Agent Orange or Depleted Uranium. More recently, judging by Mr Key's decision on attending a kids baseball game instead of attending the funerals of two fallen work mates, just goes to show where the Commander In Chief / want-to-be President places you military folk on the priority list. You are expendable, and nothing more than a number easily replaced by another number. . . Good luck, and Godspeed with your legal battles Mr Creeggan.

18/08/2012 11:05:09 p.m.

Ex DOL Inspector wrote:

If we are talking about Sergeant Stevin Creeggan taking a private prosecution under the Health and Safety In Employment Act as long as he can prove he suffered Serious Harm as a result of the unsafe working environment and that there were practicable steps the Air Force could have taken to create and maintain a safe working environment but failed to take those steps then he has a strong case. The real story here though is why didn't the Civil Aviation Authority who administers this legislation prosecute the Air Force and why isn't this victim receiving appropriate compensation which leads to the real issue of why has NZ workplace H&S legislation again failed to protect and compensate a NZ employee?

18/08/2012 8:03:19 p.m.

Steve wrote:

Hey good luck with this the top brass will bung this with so much red tape and string it out for years, and since you are still in NZDF you might find yourself in waivegas or put on a MD because you can't peform you duties