WorkSafe has charged the Whangārei Boys High School Board of Trustees for health and safety failures related to the death of a student a year ago.
15-year-old Karnin Petera died on a school trip to Abbey Caves on 9 May 2023.
“We acknowledge the profound impact of this tragedy on whānau, friends, and the wider community. A year on, our sympathy and thoughts are with all of those who knew and loved Karnin,” says WorkSafe’s Head of Inspectorate, Rob Pope.
An extensive WorkSafe investigation has now pieced together the circumstances of this sad tragedy, and charges have been filed in the Whangārei District Court.
“We encourage school boards of trustees across the country to reflect on their own systems and processes to ensure they are meeting legal requirements for education outside the classroom. Students should be able to participate safely, and parents must have confidence their rangatahi will be kept safe,” says Rob Pope.
WorkSafe has no further comment while the case is before the Court.
Background
- Whangārei Boys High School Board of Trustees has been charged under sections 36(2), 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015
- Being a PCBU, having a duty to ensure, so far as is reasonably practicable, that 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 outdoor education caving activity to Abbey Caves Reserve, did fail to comply with that duty, and that failure exposed other persons, including Karnin Petera, to a risk of death or serious injury.
- 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, namely undertaking an outdoor education caving activity to Abbey Caves Reserve, did fail to comply with that duty, and that failure exposed workers to a risk of death or serious injury.
The charges are filed against the legal entity of the Board of Trustees, not individual members of the Board.
Get rid of worksafes ability to prosecute. The outcome of prosecuting the board will be less kids get to go on a trip for fear something may happen.
Yes mistakes were made. Worksafe getting a cash injection won’t fix anything though.
And, why is the board of trustees considered the PCBU? Was the trip organised by them? Did they decide to go ahead with the weather forecast so bad?
Who will want to be on the board of a school if they may be sued. Ridiculous
Agreed, it’s stupid.
People don’t know what a board of trustees does anyway. They meet once a month (if that) to discuss financial statements and sometimes make policy. They’re not involved in the day to day running of operations.
Why aren’t the teachers who actually ran the trip being hauled over the coals? What about the tour company or whoever manages/maintain those caves? Why aren’t worksafe all up in THEIR ar$e$ too? Surely they bear some responsibility for knowingly running the tour even despite the heavy rains and flood risk?
Very sad that that young boy lost his life, and my deepest sympathies to his family, but worksafe trying to use the tragedy to increase their revenue stream via a big fat fine is pretty disgusting. Very easy to point fingers AFTER the fact, when everything’s in hindsight.
The Principal who told the teacher the trip was to go ahead after we had already a day of pouring rain was the decision maker and responsible for the day to day running of the school. That is what a board of trustees employ them for.
Everyone knows you do not go into caves when there is rain even for a few hours let alone part of the day prior and over night of steady rain as it had been before this trip was pushed ahead.
There is no guides / tours for these caves… you can go when you like.
There are warning signs posted before you enter the caves about the risks … That principal missed and ignored weather warnings and obvious common sense warning signs that the average person would pick up on, not to mention staff and parents questioning if this trip should be postponed.
She should be charged with negligence and lose that high paid position.