21 August 2023

We have accepted an enforceable undertaking from Dive! Tutukaka Limited (DTL).

Incident

On 7 December 2020, two students and a worker were trapped in a sea cave on an excursion to the Poor Knights Marine Reserve. All suffered cuts and abrasions; the children suffered emotional trauma.

Alleged breach

Health and Safety at Work Act 2015, S 36(1)(a), 48(1) and 48(2)(c)

Summary highlights of the enforceable undertaking

• Reparations to the two young victims
• Professional development and training for Dive! Tutukaka worker
• 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.

Reasons for accepting the undertaking

The enforceable undertaking meets the requirements of WorkSafe’s Enforceable Undertakings Operational Policy (June 2019), considering:

• The activities in the enforceable undertaking and the expected health and safety improvements in the workplace; industry; and community.
• The nature of the alleged contravention and how serious it was.
• Information received from any interested party in relation to the contravention.
• Mitigation and remedial action, already taken or planned, regarding both the contravention and any person affected by the contravention (including victims).
• The person’s past performance and history of compliance with health and safety legislation.
• Any likely outcome if the matter were dealt with by legal proceedings.
  • A charge was filed in relation to this incident on the basis that there was both evidential sufficiency and a public interest in initiating prosecution.
  • The undertaking accounts for the benefits that accrue to DTL by a prosecution not proceeding.
• Any other matter which WorkSafe thinks is relevant.
  • The undertaking delivers benefits beyond compliance.
  • The undertaking supports WorkSafe’s strategic objectives.
  • The undertaking contains acceptable terms.

Date accepted

27 March 2023

Further information

View the Dive! Tutukaka Limited enforceable undertaking: