Dear WorkSafe New Zealand,

I refer to the Enforceable Undertaking relative to Melville High School and a deceased student, Jayden Chhayrann, who drowned at Waihi beach on 21/2/20 while on a school field trip.

The Principal of Melville High School, Mr Clive Hamill, agreed to the clause which reads "a copy (of the Enforceable Undertaking) will be published on Melville's website for a period of 3 years after execution", and that dissemination was to occur on or after 10/11/21. This has not happened and therefore Melville High School is in breach of this part of the Enforceable Undertaking.

I am requesting a full explanation from Worksafe as to why it failed to ensure that all conditions accepted by Mr Hamill were fully and properly met. Also, I am requesting that Melville High School be required with immediate effect to publish a copy of the Enforceable Undertaking at its website, together with a public apology to Jayden Chhayrann and his family members for failing to properly honour the abovementioned clause.

Yours faithfully,

MRM

Dear Operations Correspondence,

I do not accept your response.

You advised me that; "The terms of Melville High School’s Enforceable Undertaking (EU) notes that the school community will be informed of the EU through the school newsletter, and that a copy of the newsletter will be published on their website." You then went on to say that; "WorkSafe has been provided with evidence from Melville High School that a school newsletter referencing the EU was published on their Facebook page on 28 April 2022."

I must respond as follows to your abovementioned comments ---

Firstly, Mr Hamill, the Principal, did not inform the school community through "the school newsletter." Rather he decided to created a "special newsletter" which is completely separate and disconnected from the monthly school newsletters.

Secondly, Melville High Schools "Facebook page" is not Melville High School's website. Again, they are entirely separate and disconnected from each other.

Thirdly, a copy of the "special newsletter" has never been published "on their (Melville High School's) website." Rather, Mr Hamill decided to publish the "special newsletter" at the Melville High School Facebook page only. This was very evidently done to limit the number of people who likely read the "special newsletter."

Fourthly, the "second newsletter" was not circulated to the school community through e-mail as is the normal and usual practice with monthly school newsletters.

My opinion remains that Melville High School is in breach of the above quoted part of the Enforceable Undertaking. Thus I will now raise a complaint with the Ombudsman as not only does Melville High School need to fully comply with its EU undertakings, but, Worksafe has failed to ensure that this happens.

Yours sincerely,

M.R.M.