In lieu of prosecution, a popular Northland dive operator has committed $250,000 to a “legally binding” safety pledge, after school children were put in danger of drowning on a trip run by the company.

Dive! Tutukaka ran the December 2020 kayaking and snorkelling trip at the Poor Knights Islands for about 30 Tauraroa Area School children.

But the day nearly turned to tragedy when six students entered an out-of-bounds sea cave, and two were thrown into the water when their tandem kayak capsized.

One student, a 13-year-old girl, got her foot stuck in a crevice and was unable to free herself, getting submerged each time a wave entered the cave.

Her friend, a 14-year-old boy who was not wearing a life jacket or wetsuit, was washed onto a ledge at the back of the cave and unable to get out.

When their friends raised the alarm with Dive! Tutukaka, a crew member was able to rescue the girl within 15 minutes.

It took a further two hours for the boy to be rescued by Coastguard Tutukaka and Northland rescue helicopter.

A court later heard the two students were extremely fearful they were going to drown, and suffered nightmares and a fear of the water.

WorkSafe investigated the incident and laid health and safety charges against Dive! Tutukaka and Tauraroa Area School’s Board of Trustees.

The school admitted to putting the health and safety of the two students at risk during the trip, including failing to ensure there was a supervision plan.

It paid the victims an undisclosed amount but avoided a fine.

Now, 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 (undisclosed amount)
• Partnering with Education Outdoors New Zealand to upskill providers who work with schools, including producing videos ($28,500)
• Professional development and training for Dive! Tutukaka workers ($76,500 over three years)
• Funding and training for the Northland Emergency Services Trust’s rescue helicopters, Tutukaka Coastguard and Experiencing Marine Reserve’s water confidence programmes for local rangatahi ($132,540 over three years).

WorkSafe’s acting head of specialist interventions, Catalijne Pille, said the investment will exceed what the courts could have ordered in penalties if the prosecution was successful.

“This demonstrates a substantial commitment to health and safety, with benefits circled back to the community, workers and the industry.”

In its safety pledge, Dive! Tutukaka said it deeply regretted the incident and expressed remorse to the two students for the trauma and emotional damage.

The company was worried the incident could result in schools stopping water-based education outside the classroom.

“It wishes to ensure that the advantages of in-water learnings in a safe environment can continue to benefit children and wider communities,” the document read.

WorkSafe will regularly monitor progress on the agreed conditions and can resume prosecution if the commitment is not upheld, Pille said.

But the commitment is a timely boost for the outdoor education system, not only in light of this near-drowning incident but also after a fatality at Whangārei’s Abbey Caves, she said.

WorkSafe is still investigating Whangārei Boys’ High School after 15-year-old Karnin Petera died on a school trip to the caves during severe weather on May 9.

“Students should be able to participate in activities safely, and parents must have confidence their rangatahi will be kept safe,” Pille said.