On 19 March 2020, the victim drowned while on a school field trip at Lake Rotoma (Bay of Plenty).

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 and other amends to the family
  • A range of targeted initiatives for the benefit staff and students
  • Suitable donations for community benefit

This enforceable undertaking has a total expenditure of at least $200,000

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 the Tarawera High School Board of Trustees by a prosecution not proceeding.
  • Any other matter which WorkSafe thinks is relevant.oThe undertaking delivers benefits beyond compliance.
    • The undertaking supports WorkSafe’s strategic objectives.
    • The undertaking contains acceptable terms.

Date Accepted

01 December 2021

Further information

View the full Tarawera High School Board of Trustees undertaking here

PDF
Enforceable undertaking - Tarawera High School Board of Trustees (PDF 4.4 MB)