The outdoors centre that led a deadly school trip at New Plymouth's Paritutu Rock in August 2012 has been ordered to pay reparation to the families and survivors totalling $269,000, but has escaped being fined.
Outdoor instructor Bryce Jourdain and Spotswood College students Stephen Kahukaka-Gedye and Felipe Melo were swept off the rock face in high seas during a climbing activity. Ten others clinging to a cliff had to be winched to safety by helicopter.
Topec director Steve Ralph, left, and chairperson David Grigg. Photo: RNZ
On Wednesday, a judge ordered the Taranaki Outdoors Pursuit and Education Centre (Topec) to pay a total of $269,000 to the victims and their families in reparation.
The outdoor centre pleaded guilty earlier this year to three breaches of the Health and Safety in Employment Act and was sentenced in the New Plymouth District Court on Wednesday.
Judge Gerard Lynch said on Wednesday the centre and staff made many mistakes, including not checking enough weather data and going ahead with the trip despite knowing it would not be completed before high tide. Students were also not attached to a safety rope in a 12-metre section, causing waves to sweep them into the sea.
The judge ordered that $75,000 be paid to each of the three families, $5000 to nine survivors and $7500 to a survivor who went into the water.
Judge Lynch said he would not impose a fine, even though culpability was high, because it was not his intention to bankrupt the outdoors centre which he said had done a tremendous amount of good in the community.
A lawyer for the Ministry of Business, Innovation and Employment, Andrew Gane, told the court that employees of the centre should have stopped the trip. Mr Gane said it went ahead despite a lack of accurate swell data and clear warnings that conditions were unsuitable and they made several bad decisions.
"Firstly, by allowing the trip to start late. Secondly, by proceeding once the group was at that beach. Thirdly, high swells not stopping them reassessing their options. And finally, ensuring that everyone was clipped in safely."
A lawyer for Topec, Kylie Pascoe, said the centre accepts full responsibility and is immensely sorry for the harm it has caused. Ms Pascoe said it has apologised to the victims at various restorative justice meetings and will continue working with the families after the sentencing.
Robyn Jourdain, wife of instructor Bryce Jourdain, is comforted outside the court. Photo: RNZ
Families tell of their loss
The families of those who drowned have given emotional descriptions of how their lives have been destroyed.
The father of Stephen Kahukaka-Gedye, Bruce Gedye, told the court his life has been destroyed and the tragedy has forced his family apart.
Mr Gedye said he feels responsible because he signed the papers for his son to attend the camp without asking questions, assuming that everything would be okay.
Bryce Jourdain's wife, Robyn Jourdain, said she and her children are living with the pain of losing her husband every day.
Felipe Melo's host sister Rachel Bryan. Photo: RNZ
Rachel Bryan, who is part of the host family which looked after a Brazilian exchange student Felipe Melo, said her family feels guilt at not being able to look after him after promising his family in Brazil they would.
Ms Bryan attended school with him and says he was like a brother. "Every single day after school he'd come home and the first thing I'd hear is him singing ... I'd play piano with him and he was amazing on guitar and we'd just sit there and play music all day."
Outside court, Spotswood College principal Mark Bowden said no amount of money can compensate the families of the three people who died the trip.
"No amount of money can make this tragedy better. The important thing out of all of this is positive outcomes, not just for Topec, but for education outside the classroom - safety systems and processes across the country."
He says the college has not resumed using the outdoors centre out of respect for the families and so the school board has time to consult with parents.
Mr Bowden says the college and Topec have made several changes since the trip, including making it clear that parents and students can opt out of outdoor activities.
