On 21 February 2020. The victim tragically drowned while on a school field trip at Waihi Beach.
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.
07 December 2021
View the full Melville High School Board of Trustees undertaking here