Safety commitment agreed after sea cave ordeal

Source: Worksafe New Zealand

A Northland dive operator has committed more than quarter of a million dollars to putting things right after school children were put in danger of drowning on one of its trips.

Dive! Tutukaka Limited facilitated the kayaking and snorkeling trip for Tauraroa Area School in the Poor Knights Islands Marine Reserve in December 2020.

WorkSafe New Zealand investigated after two children became stuck in a sea cave when their shared kayak capsized in rough swells. One got her feet trapped in a crevice and was submerged each time a wave entered the cave. Her rescuer then got stranded on a ledge with the other young kayaker until a rescue helicopter could arrive two hours later. Both children were left emotionally traumatised by the experience.

In response to the incident, Dive! Tutukaka has entered into a legally binding safety pledge, known as an enforceable undertaking, which WorkSafe has accepted. The commitment includes:

  • Reparations to the two young victims
  • Professional development and training for Dive! Tutukaka workers
  • Funding and training for the Northland rescue helicopter, Tutukaka Coastguard, and water confidence programmes for local rangatahi
  • Partnering with Education Outdoors New Zealand to upskill providers who work with schools.

“The investment Dive! Tutukaka will make exceeds what even the courts may have ordered in penalties. This demonstrates a substantial commitment to health and safety, with benefits circled back to the community, workers, and the industry,” says WorkSafe’s acting Head of Specialist Interventions, Catalijne Pille.

WorkSafe will regularly monitor progress on the conditions which have been agreed and can resume prosecution if the commitment is not upheld.

“In light of this incident at the Poor Knights Islands, and the recent fatality at Abbey Caves, this commitment is a timely boost for the outdoor education system. Students should be able to participate in activities safely, and parents must have confidence their rangatahi will be kept safe,” says Catalijne Pille.

Tauraroa Area School’s Board of Trustees was sentenced in December 2022 in the Whangārei District Court for its health and safety failures.

Read more about the Dive! Tutukaka enforceable undertaking
Read about the sentencing of Tauraroa Area School
Find out more about enforceable undertakings

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz

Workplace explosion was no joke – a warning to all

Source: Worksafe New Zealand

WorkSafe New Zealand is urging workplace pranksters to keep health and safety top of mind, following an explosion that badly burned five workers in central Auckland.

In August last year, a barbeque gas bottle was mistakenly left running overnight in a shipping container on a Wynyard Quarter construction site. The next morning workers from subcontractor Vuksich and Borich opened the container to start work for the day. They could smell gas, and one of the workers joked about igniting his lighter. When he did, the gas caught fire and exploded.

WorkSafe’s investigation established this was a workplace prank gone wrong. All five workers, including the man himself, were burned. He deeply regrets his actions and has participated in restorative justice with the other victims.

“Being safe at work is a responsibility shared by both the employer and the employee and no one should be harmed because of a prank or joke gone wrong,” says WorkSafe’s area investigation manager Paul Budd.

“Our message is not about banning barbeques or restricting workplace socialising, but about keeping health and safety in mind whether you’re on the clock or taking a break together.

WorkSafe’s Energy Safety team says the incident is a reminder of the risks that exist with gas and the consequences that can follow. Energy Safety is the regulator for ensuring the safe supply and use of electricity and gas anywhere energy is used in Aotearoa, including workplaces.

“If you smell gas anywhere, take it seriously,” says Energy Safety’s technical officer, Paul Stannard.

“In some of the most significant gas-related events that have come to the attention of Energy Safety in the last few years, people have smelled gas but may not have recognised it as a warning sign.”

Be careful, don’t use flames or mobile phones, don’t turn on electrical appliances, leave the area and call the gas supplier or 111.

“WorkSafe took enforcement measures in the immediate aftermath of the explosion, after identifying issues related to gas bottle storage and worker training which Vuksich and Borich complied with. To further strengthen its safety management system, the company has since introduced a barbeque permit procedure and prohibits storage of gas cylinders or gas bottles inside shipping containers,” says Paul Budd.

“In relation to the incident itself we won’t carry out further enforcement, because prosecuting an individual or organisation is not in the public interest in this instance.

WorkSafe acknowledges Vuksich and Borich for the ongoing support it provided to the injured workers, as well as their cooperation throughout the investigation.

Read more about responding to gas leaks (www.worksafe.govt.nz/gas-leaks)

Media contact details

For more information you can contact our Media Team using our media request form. Alternatively, you can:

Phone: 021 823 007 or

Email: media@worksafe.govt.nz