A health and safety lawyer has shared her views on who may be held accountable over the death of a Whangārei Boy's High School student - who was swept away during a school caving trip this week.
A WorkSafe investigation has been launched into the death of year 11 student Karnin Ahorangi Petera.
Karnin died after the school group of 15 year 11 students and two adults got into difficulty at Abbey Caves near Whangārei when heavy rain hit the region on Tuesday.
As the investigation into the circumstances of the incident begins, questions are being raised about liability over the incident.
Health and safety lawyer Hazel Armstrong said the impending investigation would be “quite complex” which would take into consideration a number of factors.
She said: “You're looking at the general duties of the school; you're looking at whether or not there was an instructor who was a third party. You're looking at the responsibility of the school to the kids.
"It is quite complex, but Worksafe has done it before - at least three times under the new Health and Safety at Work Act 2015, so they've got some experience there.
“We can expect that experienced investigators on the job, and they'll be looking to apportion liability.”
She said the school and any third-party groups could be in the firing line, while referring to similar cases since the introduction of the act.
As for any potential action following the investigation, Armstrong used the 2016 Saint Kentigern College Sweeny Todd incident, the 2020 Tuararoa Area School canoeing incident and the 2020 Melville High School drowning in Waihi as examples.
Only one of those investigations ended with charges laid - the Tuararoa Area School canoeing incident, where students were put at risk after being stuck in a cave.
The school pled guilty but wasn't fined - instead paying undisclosed reparations to those involved.
No charges were laid in the other two incidents, with the schools giving enforceable undertakings and paying reparations.
Armstrong believes that should the school be found liable, in that case, reparations could be expected to be paid to the students and families involved - but doesn't expect to see the school fined.
"The parents will get an answer," she said. "But whether or not they'll be satisfied with that answer - because in the cases that have already been before Worksafe - in the case of the school where there were charges laid, the court doesn't feel they should fine the school.
"In most cases, where there have been fatalities, near fatalities, or serious harm, most people want public accountability."
She said the investigation is likely to take some time due to the nature of what happened - but expects parents to get some answers within 12 months.
"It is quite complex, but Worksafe has done it before, at least three times since the HSWA act. We can expect experienced investigators on the job," she said.
"They have to lay their prosecution within a year.
"We know that there's high risk for people doing an activity in an environment they're not familiar with."
Armstrong wasn’t sure if there had been the proper risk assessment carried out for the Whangārei Boys’ outdoor excursion on Tuesday but said in instances where there is not one, things can go wrong when there are “last minute changes” to situations, like the weather.
“We also know there's a greater risk when things change at the last moment. That's when accidents happen,” she said.
She said New Zealand "has a negative attitude towards health and safety and regulating risk".
"And that's why we've got so many ghastly tragedies," she added.
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