Incident

On 7 December 2023, the Kura took a group of students and other children on a river float activity on the Waikato River in Taupō. They were accompanied by one teacher and one teaching assistant and were using pool floatie toys and pool noodles to float down the river. The group got into trouble and needed to be rescued.

Alleged contraventions

Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of workers who work for the PCBU, while the workers were at work in the business or undertaking, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury arising from a river float activity on the Waikato River.

Being a PCBU, having a duty to ensure, so far as is reasonably practicable, the health and safety of other persons is not put at risk from work carried out as part of the conduct of the business or undertaking, namely the river float activity on the Waikato River, did fail to comply with that duty, and that failure exposed other persons to a risk or death or serious injury.

Summary highlights of the enforceable undertaking

• Ongoing support for victims, including a haerenga (journey) to the Waikato River incident location.
• Development of a bilingual Te Ao Māori EOTC (Education Outside the Classroom) Safety Management Plan & Toolkit for school and community use across the motu.
• Professional learning and development for Kura staff and board members, including EOTC training for the principal.
• Engagement with the Te Rūnanga Nui o Ngā Kura Kaupapa Māori and the Ministry of Education on the Te Ao Māori EOTC project.
• Training and support for staff and ākonga in safe water activities.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (September 2019), considering:

• The activities in the enforceable undertaking and how they promote progressively higher standards of work health and safety.
• 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 organisation’s past performance and compliance history 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 public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to the Kura 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

19 August 2025

Further information

View the Te Kura Kaupapa Māori o Puau te Moananui-ā-Kiwa Board enforceable undertaking: