File Ref: 220999
1 December 2022
MRM
[FYI request #21016 email]
Tēnā koe
Thank you for your email of 3 November 2022, to Mahi Haumaru Aotearoa | WorkSafe New
Zealand, requesting the following information in relation to the Melville High School’s Enforceable
Undertaking:
•
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.
Your request has been considered under the Official Information Act 1982 (OIA) and my response
is below.
The terms of Melville High School’s Enforceable Undertaking (EU) notes that the school community
will be informed of the EU through their school newsletter, and that a copy of the newsletter will
be published on their website. With regard to the agreed clause you have referenced
“a copy will
be published on Melville’s website for a period of 3 years after execution”, this refers to the
newsletter not the EU.
The date of acceptance of the EU was 7 December 2021, and subsequently WorkSafe published
information on its website in April 2022.
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. This occurred after
publication on WorkSafe’s website
: Melville High School Board of Trustees | WorkSafe.
I recommend that you contact Melville High School directly should you have any further concerns
regarding their communication with the school community and Jayden’s family.
I trust that this response is of assistance. If you require any further information, please contact
[email address].
Nāku noa, nā
Catherine Gardner
Head of Specialist Interventions
Level 6, 86 Customhouse Quay
PO Box 165, Wellington 6140