WorkSafe charges Whangarei Boys High School Board over Student's Death

Thursday 9 May, 2024

Recently WorkSafe announced that it is charging the Whangarei Boys High School Board of Trustees in relation to the death of one of its students on a caving trip. Karnin Petera died on a school trip to Abbey Caves last year. The trip had gone ahead despite a heavy rain warning issued by the Metservice being in place. The school’s own safety plan also noted that the Abbey Caves were prone to flooding, and if the water level was too high, trips were expected to be postponed.

The Board of Trustees has been charged under the Health and Safety at Work Act 2015 (the Act) with health and safety failures related to the staff and students on the caving trip. The Board has been charged as a PCBU (Person Conducting a Business or Undertaking) for failing in its duty to ensure the health and safety of “other persons” and workers so far as reasonably practicable. It is alleged that this failing placed other persons and workers at risk of death or serious injury.

WorkSafe is encouraging boards of trustees to review their systems and processes to make sure all legal requirements are being met for education outside the classroom.

This case should be of interest to all schools and their boards of trustees. Regardless of the outcome, school boards should remain mindful of their obligations under the Act particularly when planning potentially high-risk activities.

If you have any questions or concerns about the implications of this case, please contact one of our experts to discuss matters further.