Karnin Petera, 15, died on a school trip to Abbey Caves on 9 May 2023. Photo: RNZ / Tom Taylor
The board of trustees of Whangārei Boys' High School has been charged for health and safety failures over the death of a student on a caving trip.
Karnin Petera, 15, died on a school trip to Abbey Caves on 9 May 2023.
Fourteen students and two adults were rescued from the cave in heavy rain. Karnin's body was later found.
The school had a risk assessment done for the trip that stated Abbey Caves were "prone to flooding" in heavy rain.
It recommended to postpone the trip if water levels were too high.
The trip went ahead, despite Northland being under a MetService orange rain warning.
WorkSafe said the charges had been filed against the legal entity of the Board of Trustees, not individual members of the board.
WorkSafe's head of inspectorate Rob Pope said it acknowledged the "profound impact" Karnin's death had on whānau, friends, and the wider community.
"A year on, our sympathy and thoughts are with all of those who knew and loved Karnin."
Flowers outside Whangārei Boys' High School in tribute to Karnin Petera. Photo: RNZ / Jordan Dunn
An "extensive" investigation had now pieced together the circumstances of the tragedy and charges had 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," Pope said.
"Students should be able to participate safely, and parents must have confidence their rangatahi will be kept safe."
Whangārei Boys' High School principal Karen Smith sent a letter to parents advising them of the charges.
In the letter, Smith said: Our thoughts remain with the whānau of Karnin Petera, his friends, our school whānau, the wider Whangārei community and everyone who has been touched by this tragedy.
"WorkSafe has notified us that it has laid charges against Whangārei Boys' High School Board of Trustees for health and safety failures related to the staff and students on the caving trip.
"We can confirm that throughout the investigation, the school has worked closely with WorkSafe to provide all information required by the agency."
Smith said the school had developed and implemented new outdoor education policies following the tragedy.
"We will be reviewing the charges laid by WorkSafe and take these findings very seriously. The Board of Trustees will continue to work with WorkSafe as we move through the next stage of the process."
Smith said it would be a difficult time for the community, given it was just shy of the anniversary of Karnin's death.
"We would like to reaffirm that there is support available at any stage if this is required by your son or family by contacting the school guidance
counsellor."
WorkSafe has charged the board under sections 36(2), 36(1)(a), 48(1) and 2(c) of the Health and Safety at Work Act 2015.
Charges include:
- Being a PCBU (Person Conducting a Business or Undertaking), 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.