Graeme Rabbits, 36, was killed when a vehicle rolled away. The parking brake involved is "inherently dangerous", but is found in tens of thousands of vehicles. Photo: Supplied
- Coroner says brake system used in tens of thousands of vehicles is inherently unsafe
- Father of man who died in workplace accident fights for years for officials to act
- NZTA accused of having blood on its hands
- Agency points to increased awareness of risks; says further work coming
Tens of thousands of trucks are putting people at risk because their brakes are unsafe. That was the conclusion of a coroner who on Thursday released a damning report into the death of an Auckland construction worker nearly eight years ago. For most of that time the worker's father has campaigned tirelessly to force sometimes reluctant officials to take action.
Tuesday 9 January, 2018 - the second day back at work for most people after the holiday shutdown.
Graeme Rabbits, whose occupation was a dogman rigger, arrived early at the construction site for a retirement village in Lynfield.
He worked for his father Selwyn's specialist crane company, although Selwyn was at a different site in the central city.
Shortly after 7am a concrete mixer reversed too far down a ramp and hit a concrete pump. Because it was full, the mixer could not move forward up the ramp.
Graeme parked a telehandler - a vehicle that can work like a crane or a forklift - up the slope from the mixer.
He and another worker were attaching a tow belt when, after it had sat for one minute and 20 seconds, the telehandler's brakes failed. Two other workers were standing near them.
In a split second the telehandler rolled towards the men.
In a video of the incident, seen by RNZ, the telehandler rolls forward out of nowhere. The two men standing are struck on their backs or shoulders and jump clear, as does the worker crouching next to Graeme.
It was clear Graeme was concentrating closely on attaching the tow belt, his back to the telehandler. His dad says he never stood a chance.
Graeme was struck by the telehandler, becoming trapped between it and the truck. He suffered severe injuries and died at the scene.
Selwyn Rabbits says he received a call from his operator at the site where his son was working.
"[He] just basically said, 'Man down'. I took from that that Graeme has been hurt. I said, 'Just keep me informed', and I'll get to the site as soon as I can.
"I had no idea of the seriousness of what had happened. My operator's obviously distressed, but not saying a lot."
As he was driving through the Waterview Tunnel he had another call, with the words no father wants to hear about their son: "We lost him."
Selwyn Rabbits was numb, thinking about what he was going to do and how he could process what had happened. He had no idea about the battle ahead, one that has consumed thousands of hours and seen him up against frustrating walls of bureaucracy.
But before all that, it was time to remember Graeme, who was farewelled at a tribute-filled funeral.
Years later, when Selwyn was asked to describe his son, it was clear what fuelled his fight: "So Graeme was 36 - just a very, very passionate individual. Very passionate about the environment.
"He had travelled extensively overseas. [He had] a really really good heart - very conscientious about everything he did, very safety conscious too.
"People loved him. I'm very proud of him."
In her findings into his death, Coroner Erin Woolley made it clear Graeme was not to blame for what happened.
WorkSafe initially charged Selwyn's company, but the prosecution was later dropped. Ryman Healthcare, which owned the village site, was also charged before that prosecution was withdrawn.
Selwyn Rabbits. Photo: Nick Monro
'Inherently unsafe'
Graeme had no way of knowing he was in any danger when he died, as he was unaware of problems with the telehandler's braking system.
Cardan shaft park brakes, or CSBs, are a common and cheaper form of braking system present in up to 70,000 vehicles in New Zealand. They differ from other brakes as they have a single mechanism at the gearbox rather than at the wheels.
There have been six known deaths involving vehicles where these brakes failed since 2010.
Graeme did not know they could fail when parked on a slope. He did not know they could fail if they were not serviced regularly or adjusted correctly. He did not know they could fail if not enough force was used to put them in place.
They had also failed when weights shifted.
There was a frightening incident when an Auckland school bus' brakes failed in 2016, when 14 children were on board.
The driver was outside the bus as the children were boarding, and it rolled down a driveway, crossed a road and came to rest in a stand of bamboo. No one was injured, but the school principal at the time says counselling was offered to students and staff on the day, as well as in the weeks and months following the incident.
Officials, though, were aware there were risks, Woolley said in her report.
The New Zealand Transport Agency (NZTA) released a safety alert in 2013 about the brakes, saying they quickly became ineffective if not correctly maintained and adjusted.
The coroner said they could fail even when a driver had done everything right - leading her to describe them as "inherently unsafe", a term NZTA resisted.
Selwyn said given all that, he could not understand why authorities such as NZTA had not acted with more urgency, although he admitted the issue was tricky because of the number of vehicles with the brakes.
"You can't just ban them outright because that would be grossly unfair on the owners who bought them in good faith.
"But we have to make sure that they and their drivers are fully aware of the limitations.
"In the meantime, we need to stop bringing them into the country. We're bringing thousands of them in every year, and NZTA are doing nothing about them.
"So, we can stop them coming in and we should make the manufacturer part of the solution. It is so easy."
Graeme Rabbits is remembered for his love of the outdoors and going out of his way to help others. Photo: Supplied
'Blood on their hands'
As well as the safety alert in 2013, WorkSafe put out technical advice in 2018. It advised that wheel chocks - blocks - should be used when vehicles with CBSs are parked on a slope.
It also again warned of the need for regular and effective cleaning and servicing of the brakes, suggested training of drivers so they understood the brakes' limitations, and said people should not be in the vicinity of vehicles parked on slopes.
NZTA commissioned studies in 2019 to look at the effectiveness of CBSs, and the following year did more testing while establishing a working group.
Consultants in 2021 criticised aspects of NZTA's response, and the following year the agency issued another safety alert.
This provided more information about parking on slopes, as well as requiring warning stickers to be displayed. It required vehicle owners to make sure drivers are aware of their limitations and dangers.
Selwyn said despite this, the dangers were still not widely understood. He said he often saw workers using vehicles with the brakes, and they did not know of the risks. He tells them, and sometimes mentions his own experiences, but said such efforts were just a drop in the bucket.
He had pushed NZTA officials to do more, but his interactions with them have left him frustrated. He reckoned he had dealt with almost 30 people who said the right things, then disappeared to other jobs before there was any action, and the introductions with new people started again.
"They have been deceitful, misleading, and I think what epitomises their whole attitude was when I asked a senior manager of NZTA, what happens if someone else gets killed? His immediate answer was 'people get killed every day'. That is a shocking indictment on NZTA."
In a statement, NZTA deputy director land transport Mike Hargreaves extended condolences to everyone affected by the tragic deaths. He said the agency had taken a "range of actions" on the brakes since 2020, "in order to reduce the safety risks associated with their maintenance and operation".
"This includes raising awareness of the correct use, testing and maintenance of [cardan shaft parking brakes] among industry, requiring mandatory warning labels in the cabs of vehicles fitted with [CSBs], providing free [CSBs] servicing training and introducing more rigorous roller brake machine testing of [CSBs] during certificate of fitness inspections from December 2022.
"A recent NZTA review has found marked improvements in fleet compliance and industry awareness since these measures were introduced."
The review's findings included an increase in driver awareness of the brakes, up from 34 percent in 2020 to 61 percent in 2025, based on surveying a sample of drivers.
A roadside operation found there was 80 percent compliance with warning labels, and there was a significant increase in pass rates for the brakes during roadside testing. This was up from 67 percent in 2020 to 95 percent in 2025.
Testing the brakes had proven problematic, as some vehicles were registered for agricultural use, so did not go through certificate of fitness processes.
"Following the review NZTA will be undertaking further action, focused on continuing to increase the understanding of the correct use, testing and maintenance of CSPB amongst drivers, owners, vehicle inspectors and mechanics," Hargreaves said.
"We are now carefully reviewing the coronial recommendations to consider if any additional measures are needed."
Woolley though cast a critical eye on NZTA, agreeing with an expert witness that it lacked a "can-do" attitude.
She rebuffed the agency's attempts to argue she did not have authority to rule the brakes as inherently dangerous.
The coroner also dismissed the agency's attempt to liken the brakes to motorbikes - in that there are risks to that too. Woolley said the dangers of bikes were known and apparent to riders.
She made a series of recommendations, including better registration practices and publicity campaigns.
Selwyn said he was grateful for the coroner's work, in contrast to what he saw as officials' inaction.
"The experts were telling them many years ago that these things should be outlawed. Had they taken note and done something then there wouldn't be tens of thousands more vehicles in the country.
"And all the people who have died since 2010 - that should never have happened.
"There's blood on NZTA's hands."
Hargreaves told Checkpoint he could not speak to the interactions and experience Selwyn Rabbits had in his dealings with NZTA.
"I can't speak to what Selwyn has experienced, I haven't spoken to Selwyn myself. I'm very happy to do so and I would certainly give him direct answers as best I can."
He said he did not accept the coroner's finding that cardan shaft brakes were inherently dangerous, with NZTA's position remaining that poor maintenance and operation use outside of manufacturers' instructions was the problem.
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