The Whangārei Boys' High School Board of Trustees has been charged with health and safety failures following the death of fifteen-year-old Karnin Petera.
The tragedy occurred on May 9, 2023, during a school trip to Abbey Caves when severe weather conditions unexpectedly set in, putting the group in grave danger. Despite efforts to ensure the students' safety, Karnin Petera lost his life in the incident.
WorkSafe New Zealand has charged the school board under the Health and Safety at Work Act, marking a significant move in holding educational institutions accountable for student safety during school activities. This case could set important precedents regarding the duties and responsibilities of officers and boards across New Zealand, influencing how safety protocols are enforced and managed.
What does HSWA 2015 have to say?
Liability of certain office holders
(1) An office holder listed in subsection (2), when acting in that capacity, does not commit an offence under section 47, 48, or 49 for a failure to comply with the duty imposed by section 44 (duties of officers).
(2) The office holders are—
(a) a member of the governing body of a territorial authority or regional council elected in accordance with the Local Electoral Act 2001:
(b) a member of a local board elected or appointed under the Local Electoral Act 2001:
(c) a member of a community board elected or appointed in accordance with the Local Electoral Act 2001:
(d) a member of a school board appointed or elected under the Education and Training Act 2020.
(3) In this section,—
board, in relation to a school, has the same meaning as in section 10 (1) of the Education and Training Act 2020 community board means a board established under section 49(1) of the Local Government Act 2002 local authority and local board have the same meanings as in section 5(1) of the Local Government Act 2002.
Meaning that school boards do not have the same duty as an Officer of a Business or Undertaking. However, it is important to note, the charges in this case are not against the individuals on the Board.
Some office holders, like school board members, are protected from personal liability. However, directors may still be liable and should ensure evidence of compliance with their duties.
If there's evidence of individual responsibility, WorkSafe and the courts may hold individuals accountable, such as in this instance.
For school boards and companies alike, this incident serves as a critical reminder of the importance of robust health and safety measures.
Ensuring the safety of students and employees is paramount, and this case highlights the need for continuous review and improvement of hazard and risk management frameworks. Learning from such tragedies is essential to prevent similar occurrences in the future.
Staying informed about legal developments and understanding the implications of this case is crucial for all organisations. By proactively updating safety practices and adhering to regulatory standards, boards and companies can better protect their people and fulfil their legal and moral obligations. The case of Whangārei Boys' High School underscores the importance of prioritising health and safety in all organisational activities.
Watch Matt's take on this developing case:
Reach out to discuss your current health and safety management system strengths and opportunities for improvement by getting in touch today.
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