Jayden Chhayrann - publication of Enforceable Undertaking at Melville High School's website

M.R.M. made this Official Information request to WorkSafe New Zealand

Response to this request is long overdue. By law WorkSafe New Zealand should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: M.R.M.

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

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From: Ministerial Services – WorkSafe
WorkSafe New Zealand

Tçnâ koe,

Thank you for your Official Information Act (OIA) 1982 request.

The relevant teams at WorkSafe New Zealand are working on your request and will be in touch as soon as possible, and by 1 December 2022 at the latest.

Please contact [email address] if you have any questions.

Ministerial Services
86 Customhouse Quay
Wellington
W worksafe.govt.nz

-----Original Message-----
From: M.R.M. <[FOI #21016 email]>
Sent: Thursday, 3 November 2022 9:03 am
To: Ministerial Services – WorkSafe <[email address]>
Subject: Official Information request - Jayden Chhayrann - publication of Enforceable Undertaking at Melville High School's website

[You don't often get email from [FOI #21016 email]. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... ]

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

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From: Operations Correspondence
WorkSafe New Zealand


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Attachment Correspondence from WorkSafe Ref 220999.pdf
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Tēnā koe

 

Please find attached correspondence from Mahi Haumaru Aotearoa | WorkSafe
New Zealand.

 

Ngā mihi,

Agnes

 

OIA & Complaints Team

Here Matatū

Operations Group

86 Customhouse Quay, Wellington

E     [1][email address]

W    [2]worksafe.govt.nz

 

[3]facebook-grey  [4]twitter-grey  [5]linkedin-grey  [6]instagram-grey

 

 

[7]WSNZ_2769-Maori-email-sign-off-with-twitter-v1-2

 

[8]www.govt.nz - your guide to finding and using New Zealand government
services

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of
WorkSafe New Zealand. This message and any files transmitted with it are
confidential and solely for the use of the intended recipient. If you are
not the intended recipient or the person responsible for delivery to the
intended recipient, be advised that you have received this message in
error and that any use is strictly prohibited. Please contact the sender
and delete the message and any attachment from your computer.

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From: M.R.M.

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.

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From: Ministerial Services – WorkSafe
WorkSafe New Zealand


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Tēnā koe

 

Thank you for your email.  We have passed it onto the relevant team within
WorkSafe who will be intouch in due course.

 

Please contact [1][email address] if you have any
questions.

 

Ministerial Services

86 Customhouse Quay

Wellington

W    [2]worksafe.govt.nz

 

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[8]www.govt.nz - your guide to finding and using New Zealand government
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Any opinions expressed in this message are not necessarily those of
WorkSafe New Zealand. This message and any files transmitted with it are
confidential and solely for the use of the intended recipient. If you are
not the intended recipient or the person responsible for delivery to the
intended recipient, be advised that you have received this message in
error and that any use is strictly prohibited. Please contact the sender
and delete the message and any attachment from your computer.

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Link to this

From: Operations Correspondence
WorkSafe New Zealand


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Attachment Correspondence from WorkSafe NZ 221110.pdf
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Tēnā koe M.R.M.

 

Please find attached correspondence from Mahi Haumaru Aotearoa | WorkSafe
New Zealand.

 

Ngā mihi
Aidan

 

OIA & Complaints Team

Here Matatū

Operations Group

86 Customhouse Quay, Wellington

E     [1][email address]

W    [2]worksafe.govt.nz

 

[3]facebook-grey  [4]twitter-grey  [5]linkedin-grey  [6]instagram-grey

 

 

[7]WSNZ_2769-Maori-email-sign-off-with-twitter-v1-2

 

[8]www.govt.nz - your guide to finding and using New Zealand government
services

--------------------------------------------------------------------------

Any opinions expressed in this message are not necessarily those of
WorkSafe New Zealand. This message and any files transmitted with it are
confidential and solely for the use of the intended recipient. If you are
not the intended recipient or the person responsible for delivery to the
intended recipient, be advised that you have received this message in
error and that any use is strictly prohibited. Please contact the sender
and delete the message and any attachment from your computer.

--------------------------------------------------------------------------

References

Visible links
1. mailto:[email address]
2. http://www.worksafe.govt.nz/
3. https://www.facebook.com/nzworksafe
4. https://twitter.com/WorkSafeNZ
5. https://www.linkedin.com/company/worksaf...
6. https://www.instagram.com/worksafe_nz/
8. http://www.govt.nz/

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