Northland logging transport operator Stan Semenoff has won an interim order allowing his company to continue operating until a substantive hearing over alleged safety breaches.

The hearing at Auckland‘s High Court was held to determine whether interim orders allowing Stan Semenoff Logging to continue operating were appropriate.

On 15 March 2019, the NZ Transport Agency gave notice of its decision to revoke SSL‘s transport service licence because it found the ‘persons in control‘ of the trucking operations were not fit and proper having regard to public safety. SSL appealed the decision to the District Court and on 22 March they were granted an urgent interim order preserving their position, subject to conditions, until further order of the court.

At Monday‘s hearing Justice Whata said he was satisfied that NZTA‘s concerns were justified, and “the number and duration of the non-compliances suggests a systemic problem”.

However he balanced this against the company‘s many years of experience with no record of any fatal accidents involving their trucks, along with the fact they were now under constant scrutiny.

“I am therefore satisfied that the interim order is appropriate pending the determination of the substantive review proceeding or the appeal on the proviso that effective conditions can be either agreed or imposed to secure the protection of the public. I wish to signal to the parties that one of the key problems in this case is transparency and enforceability. Mr Turner [SSL general manager] has referred to the cost of an effective GPS system. While that may be so, a condition of this kind is attractive to me, particularly if the period to resolution could be an extended one.”

The interim order preserving SSL‘s position will be continued, subject to finalisation of conditions. Justice Whata has directed the parties to try to agree conditions, and if that was not possible, file submissions within three working days.