Court Summary - at a glance

Date of offence:
7 December 2020
 
Plea:
Guilty
 
Decision:
Convicted
 
Final decision date:
 
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts for an early guilty plea (25%), remorse (5%), reparation (5%) and previous good record (5%), the final fine was set at $240,000. However, due to inability to pay, the fine was reduced to nil. Tauraroa is a school and raised issues regarding financial capacity. Their accountant indicated that they would be able to pay a fine of $1000 a month, but this would divert funds away from the school and students there. This position was confirmed by WorkSafe’s accountant. WorkSafe submitted that as an education provider, funds available to school would best be used to educate their students and there was no objection to the fine being reduced to $0.

Safety lessons learned:

It was reasonably practicable for Tauraroa Area School Board of Trustees to have:

  • Consulted, co-operated and co-ordinated activities with all other PCBUs, including Dive! Tutukaka Limited, who had a duty in relation to the health and safety of the persons attending the excursion.
  • Taken the lead to ensure that an effective supervision plan for the purposes of the excursion, including ensuring that the persons attending the excursion were adequately supervised so as to minimise the risk to their health and safety arising from any hazards the persons may be exposed to during the excursion.

Defendant name:
Tauraroa Area School Board of Trustees
 
Industry:
Adventure activities
 
Date of offence:
7 December 2020
 
Facts in brief:
Tauraroa Area School took a group of school students on an education outside the classroom trip on a charter boat to the Poor Knights Islands Marine Reserve. The trip involved students having the opportunity to use kayaks, stand up paddle boards, snorkeling and swimming.

While the water-based activities were going on, two of the students aged 13 and 14 at the time went into a cave within the area they were authorised to be in. Six students entered the cave, four got into difficulty. Two were able to rescue themselves and one was able to seek help for the other two. The two victims who were unable to rescue themselves fell out of their kayak and were in the churning water of the cave with waves crashing against the rocks. The crew member who rescued one of the victims got in trouble himself after he got one of the victims to safety. The coastguard was called to assist with the rescue and one of the victims and the crew member were rescued 2 hours later by the coastguard once the tide receded enough.

The charter boat company, Dive! Tutukaka Limited have also been charged and have applied for an enforceable undertaking.
 
Offence section:
Sections 36(2) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015
 
Date(s) charged:
3 December 2021

Court:
Whangarei - District Court
 
Plea:
Guilty
 
Final decision date:
 
Decision:
Convicted
 
Fine imposed:
The starting point for the fine was set at $400,000. Following discounts for an early guilty plea (25%), remorse (5%), reparation (5%) and previous good record (5%), the final fine was set at $240,000. However, due to inability to pay, the fine was reduced to nil. Tauraroa is a school and raised issues regarding financial capacity. Their accountant indicated that they would be able to pay a fine of $1000 a month, but this would divert funds away from the school and students there. This position was confirmed by WorkSafe’s accountant. WorkSafe submitted that as an education provider, funds available to school would best be used to educate their students and there was no objection to the fine being reduced to $0.
 
Maximum fine available:
$1.5 million
 
Reparation:
Emotional harm - suppression orders apply
Consequential loss - suppression orders apply
Costs - $2526.20
 
Related Documents:
PDF
WorkSafe New Zealand v Tauraroa Area School Board of Trustees (PDF 204 KB)
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