The WorkSafe website will be unavailable on Tuesday 16 September from 12pm–5pm due to planned maintenance.
Our other online services, including the online services portal(external link) and Energy Safety portal(external link), will remain available.
To notify us of an injury, illness or incident at work, visit our online services portal(external link). For urgent notifications, please call us on 0800 030 040. For general or non-urgent enquiries, email us at info@worksafe.govt.nz.
On 21 February 2020. The victim tragically drowned while on a school field trip at Waihi Beach.
Alleged breach
Health and Safety at Work Act 2015, S 36(2), 48(1) and 48(2)(c)
The alleged contravention does not amount to an offence against section 47 (reckless conduct) which would preclude it from being accepted.
Summary of Enforceable Undertaking
- Financial amends to the victim’s family
- A support package to assist Education Outdoors NZ
- The establishment of a peer review service for other schools
- Targeted water safety initiatives for the benefit of the community
- This enforceable undertaking has a total expenditure of at least $260,000
Reasons for Accepting the Undertaking
The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019):
- The nature of the proposals in the application and the benefits that would be realised to the health and safety system from them: The activities in the enforceable undertaking will provide long-term sustainable health and safety improvements in the workplace; industry; and community.
- The nature of the alleged contravention and how serious it was.
- Information received from any interested party in relation to the contravention.
- Mitigation and remedial action, already taken or planned, regarding both the contravention and any person affected by the contravention (including victims).
- The person’s past performance and history of compliance with health and safety legislation.
- Any likely outcome if the matter were dealt with by legal proceedings.
- A charge was filed in relation to this incident on the basis that there was both evidential sufficiency and a public interest in initiating prosecution.
- The undertaking accounts for the benefits that accrue to Hiway by a prosecution not proceeding.
- Any other matter which WorkSafe thinks is relevant.
- The undertaking delivers benefits beyond compliance.
- The undertaking supports WorkSafe’s strategic objectives.
- The undertaking contains acceptable terms.
Date accepted
07 December 2021
Further information
View the full Melville High School Board of Trustees undertaking here
Last updated