School pays $111,000, avoids prosecution
A Hamilton high school has avoided a WorkSafe prosecution after a student drowned while on a school trip, but has paid his family more than $100,000 in compensation.
WorkSafe launched an investigation after Melville High School student Jaden Chhayrann, 17, drowned on a class geography trip in Waihī Beach two years ago.
Jaden was caught in a rip and pulled out to sea on February 21, 2020. His body was located 10 days later near Whiritoa Beach, 28 kilometres north of Waihī.
While WorkSafe initially filed charges, it has since accepted Melville High School’s suggestion of an enforceable undertaking – requiring the school to complete a series of tasks as an alternative to prosecution.
The school has paid a total of $111,087 to the family and made various improvements to its processes and education around water safety.
In a special newsletter sent to parents and caregivers, principal Clive Hamill said the school appreciates the WorkSafe decision to accept the enforceable undertaking.
While the school takes health and safety ‘‘very seriously and never wants to see a student or staff member put at risk’’, Hamill acknowledges more could have been done to ensure the safety of students on that trip.
‘‘Melville High School deeply regrets the tragic incident,’’ Hamill said.
‘‘Every student should come home healthy and safe each day.’’
On the day of the tragic event, the WorkSafe investigation found 17 students were supervised by three teachers at the far-north end of Waihī Beach.
There were no lifeguards on duty at the beach – being a weekday in late summer – but the teacher in charge had a set of flippers, a red buoyancy aid and a whistle.
With the water appearing calm, teachers let the students swim, but used orange safety cones and two green poles to identify a safe swimming zone.
Despite this, waves pulled Jaden out into a rip.
The teacher in charge realised he was in trouble and ran into the water, but could not find Jaden.
Another teacher sent a student to get urgent help from the local lifeguard building and emergency services were called.
Waihī lifeguards soon after began an extensive search and rescue effort, but he wasn’t found.
Melville High School accepted that, while it had safety procedures in place, they were out of date and more thought should have gone into the minimisation of open water swimming risks.
After that, the school suspended all education outside the classroom activities until an independent expert Gemma Periam conducted a review where a ‘‘significant shift’’ had been made.
In its recommendation for an enforceable undertaking, the school recognised that the ruling was ‘‘generally considered unsuitable’’ after a student fatality.
However, it was conscious the tragedy could lead to schools removing or reducing water-based activities out of fear of possible prosecution.
An enforceable undertaking would see improvements made to ensure ‘‘not only does this type of accident not happen again at Melville, but also at no other school in New Zealand’’.
Carrying out the tasks in the enforceable undertaking would cost the school at least $260,000, WorkSafe said.
The agreement included making financial amends to Jaden’s family – something the school had done, targeted water safety initiatives that would benefit the community, and a support package to assist Education Outdoors NZ.
The school has paid a total of $111,087 to Jaden’s family.
Of that, $6086 – excluding GST – went to funeral costs, $35,000 to a scholarship for Jaden’s sister to attend a tertiary institute and $70,000 to help the family out to relocate from Gisborne to Hamilton.
It has also updated its risk assessments processes to meet the education outside the classroom safety systems and procedures, bought new water equipment such as life jackets and floatation rescue tubes, improved student-to-teacher ratios on trips and paid for upskilling courses for staff.
It has also begun water safety initiatives for the community and a peer review service for other schools.
‘‘We are committed to supporting the schooling community throughout Aotearoa to review and improve their EOTC (education outside the classroom) policies and practices so that such accidents can be prevented in the future.
‘‘Our thoughts and prayers go out to Jaden’s family currently as once more this matter is a focus of attention.’’