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Family of child who died in ice-skating accident angry coroner will not open inquiry

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The parents of a 13-year-old Christchurch girl who died after hitting her head while ice skating are angry the coroner will not open an inquiry into her death, saying they fear the same thing could happen again unless legislation changes to make helmets compulsory at rinks.

Kymani Hiley-Hetaraka was not wearing a helmet when she fell at Alpine Ice in July last year. She died in hospital two days’ later.

Kymani was a Haeata Community Campus student on a supervised outing with a group of other young people as part of a programme run by Crossroads Youth with a Future.

In findings released on Wednesday, Coroner Alexandra Cunninghame said she was satisfied that the matters required had been adequately established through a WorkSafe investigation that concluded no further action should be taken against anyone involved in the accident.

In light of voluntary changes made by Alpine and Crossroads, the coroner said she was satisfied that it was not necessary for her to make recommendations or comments.

Kymani’s parents Curtis Gwatkin and Maraea Hetaraka told RNZ while they initially agreed with the coroner’s decision not to open an enquiry they were angry and devastated no-one would be held accountable for her death.

“We are still struggling to accept what happened, that our daughter’s passing is now a lesson to why safety outside of school during a school trip is completely up to the kids keeping themselves safe,” Hetaraka said.

While they understood the coroner’s view, Hetaraka said they wanted people responsible for taking Kymani skating that day to face consequences.

“There was no safety run-through brief at the skating rink when the kids arrived, nobody put helmets on any of the kids. We just want justice for our daughter,” she said.

An ice-skating trip with fatal consequences

On 30 July Crossroads took the group to the Alpine rink, although Kymani had not been ice skating before and her parents did not know she was going skating that day.

At the time, Alpine recommended that skaters wear helmets, which were available for free. A Crossroads’ risk assessment management form indicated helmets should be worn “if needed”.

Kymani practised with a skating frame for support for a short time, then while skating without the frame she overbalanced and fell backwards, hitting her head on the ice.

She was initially conscious and complained of a sore head but collapsed shortly after being helped from the rink.

Coroner’s decision not to open an inquiry

Coroner Cunninghame said the WorkSafe investigation found no breaches of the Health and Safety at Work Act.

She noted there was no legislation requiring the use of helmets or any other safety equipment while recreational ice skating and Alpine’s recommendation that skaters wear helmets was in line with other ice rinks in Aotearoa at the time.

Following the accident, Alpine now required skaters to wear head protection, along with other major indoor rinks.

The coroner said Crossroads had made “wide-ranging” changes since the accident, including hazard and risk management training, and updates to policies and documentation including reassessing activity risk levels and safety equipment.

The family felt ripped off by the changes and did not believe they went far enough, Hetaraka said.

“That fact that the school, ice skating rink and Crossroads all implemented the new safety procedures immediately was a bittersweet moment only because it came into effect after [Kymani] passed,” she said.

“Her death was preventable and as her parents we hold the ones that took the kids to the rink that day responsible, they failed that day our daughter lost her life.”

RNZ has contacted Crossroads for comment.

Hetaraka said her whānau had been blanketed by sadness since the accident.

“We miss Kymani’s life spark that only she bought into our family, her laughter filled up the room, she was the only one who could wrestle and keep up physically with our rambunctious boys,” she said.

“We miss her kindness and soft heart in our homes, we miss how she had all of our secrets, we miss her baking and her singing, we miss her arguing with her sissy, most of all we miss her love and how it filled up a room.”

Hetaraka said Kymani’s death had traumatised her other daughter Saphira who was with her when she fell at the ice rink.

“Of all the things we want Kymani to be remembered as a friend, she loved people, she loved helping, she loved being loved. She was such a kind kid and we want her back every day.”

Helmet use now enforced at many rinks, but not required by law

A WorkSafe spokesperson said staff met Hiley-Hetaraka’s whānau to discuss the outcome of the investigation and had spoken to Alpine, Crossroads and Haeata to confirm the changes they had made in response to Kymani’s death.

In addition to Alpine Ice and other major indoor centres, seasonal and pop-up rinks around New Zealand are now mandating helmets, while the rest are recommending them.

The Haeata Community Campus board said it had thoroughly reviewed its processes, procedures and wider risk management system.

In a statement, an Alpine Ice spokesperson said Kymani’s death had a profound effect on many people.

“Kymani and her family remain in the thoughts of our people and the skating community,” they said.

The spokesperson said helmets had always been available for free and head protection was mandatory for all recreational ice skaters since the accident.

The use of helmets for recreational ice skating was not considered standard in comparable centres internationally but Alpine said it was pleasing to see many New Zealand rinks had adopted similar head protection policies.

Alpine said it strongly supported helmets for recreational public ice skating and was committed to promoting the use of head protection at its own centre and throughout the wider network of ice sport organisations and rink operators in New Zealand and Australia.

Source: RNZ

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Police say person who fired gun at officers still at large

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Police say a person who fired a gun at officers in Napier is still at large.

Eastern District Commander Superintendent Joel Lamb said Police tried to stop a vehicle in the Pirimai Area at about 10pm on Tuesday.

He said someone in the back seat pointed what was presumed to be a firearm at officers pursuing the vehicle.

“Staff have then heard two distinct gunshots as the firearm was discharged.

“Fortunately, neither of our officers were injured, and the patrol vehicle did not sustain any damage.”

He said hours later, the vehicle was seen travelling north on the Waikato Expressway towards Auckland.

Police seized the vehicle at an address in Manurewa, but they had not found the alleged offender.

Lamb said people who lived at the Manurewa address were engaging with Police.

He said Eastern District and Counties Manukau Police were making enquiries.

“Presenting a firearm at a Police officer is a serious escalation that puts our staff and the wider community at risk. This behaviour is entirely unacceptable.

“We are taking this incident extremely seriously and will be pursuing all lines of enquiry to locate the offender and hold them accountable.”

Police asked anyone who witnessed the incident to contact Police on 105 or online using the reference number 261111/3764.

Information could also be provided anonymously via Crime Stoppers on 0800 555 111.

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New Zealand sides named for RLWC finals

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The players tasked with ending Australia’s Rugby League World Cup dominance have been named.

The Kiwis and Kiwi Ferns have announced their squads for this Sunday’s World Cup finals in Brisbane.

Both sides are chasing their first titles since 2008, and both are looking to end their opponents run of three crowns in a row.

“Our Kiwi Ferns have been so dominant in years gone by, and we want to bring dominance back to this jersey, so I think it will be a case of who wants it more,” said co-captain Georgia Hale of the impending clash.

The Kiwis get a major boost for the final as they welcome back Ronaldo Mulitalo after he served a one-match ban for a high tackle against Fiji Bati.

Mulitalo replaces Charnze Nicoll-Klokstad, who moves to the six-man bench, which again includes utility Te Maire Martin, middle forwards Naufahu Whyte, Erin Clark and Xavier Willison plus fullback Keano Kini.

Loose forward Joseph Tapine will make his 30th Test appearance in a familiar pack again, including second-rowers Isaiah Papali’i and Briton Nikora, and props James Fisher-Harris and Moses Leota.

Winger Jamayne Isaako is on the cusp of claiming the New Zealand record for most Test points.

His five goals against Tonga lifted his career points tally to 225 – level with Shaun Johnson – while centre Casey McLean goes into the final with 16 tries in just eight Tests.

Fisher-Harris will again captain the team.

Fullback Ponga said the goal of the group was clear.

“We have high expectations around what we want to achieve, and obviously winning a world Cup is one of them.”

Meanwhile, Ricky Henry has selected a settled side to take on the Jillaroos, led by their lethal centre combination of Stacey Waaka and Mele Hufanga.

Veteran Apii Nicholls takes the number one jersey, Leianne Tufuga and Mackenzie Wiki on the wings.

Henry has stuck with his halves pairing of Chantay Kiria-Ratu and Raecene McGregor with Alexis Tauaneai, Georgia Hale and Otesa Pule up front.

Rounding out the starting pack is Shaniece Monschau, Kaiyah Atai, and Angelina Teakaraanga-Katoa.

“We have been building well throughout the tournament; we understand the Jillaroos side, and will give it our all to make New Zealand proud this weekend,” said Henry.

RLWC Finals:

Kiwi Ferns vs Jillaroos- 6.10pm

Kiwis vs Kangaroos – 9.35pm

Sunday November 15

Suncorp Stadium, Brisbane

Live blog updates on RNZ

Kiwi Ferns:

1. Apii Nicholls 2. Leianne Tufuga 3. Mele Hufanga 4. Stacey Waaka 5. Mackenzie Wiki 6. Chantay Kiria-Ratu 7. Raecene McGregor 8. Alexis Tauaneai 9. Georgia Hale 10. Otesa Pule 11. Shaniece Monschau 12. Kaiyah Atai 13. Angelina Teakaraanga-Katoa.

Interchange: 14. Ashleigh Quinlan 15. Annessa Biddle 16. Shannon Mato 17. Ivana Lauitiiti.

Reserves: 18. Brooke Anderson 19. Zahara Temara 20. Brianna Clark 21. Abigail Roache 22. Tenika Willison.

Kiwis:

1. Kalyn Ponga, 2. Jamayne Isaako, 3. Dane Gagai, 4. Casey McLean, 5. Ronaldo Mulitalo, 6. Kodi Nikorima, 7. Jahrome Hughes, 8. James Fisher-Harris (c), 9. Jeremy Marshall-King, 10. Moses Leota, 11. Isaiah Papali’i, 12. Briton Nikora, 13. Joseph Tapine (v/c).

Interchange: 14. Te Maire Martin, 15. Naufahu Whyte, 16. Erin Clark, 17. Xavier Willison.

Reserves: 18. Keano Kini, 19. Phoenix Crossland, 20. Charnze Nicoll-Klokstad, 21. Scott Sorensen, 22. Leo Thompson.

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Opportunities to mitigate multi-million-dollar RNZ budget blowout likely missed – experts

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Multiple opportunities to identify and mitigate a multi-million-dollar budget blowout at RNZ appear have been missed, according to the former executive director at Audit New Zealand.

The public broadcaster on Monday revealed a near $12 million shock financial loss after a litany of financial blunders, which will now lead to sweeping job cuts.

The $11.8m loss is more than 25 times the $470,000 RNZ had expected to lose over the year to June.

CEO Paul Thompson took responsibility for the result, and said internal reports gave an inaccurate picture of the finances, meaning the scale of the loss only became clear in October.

RNZ’s former chief financial officer Hilary Parker resigned unexpectedly in early October.

The board said it would commission an independent review into what went wrong.

Independent contractor Stephen Walker, who left the Audit Office earlier this year, said the size of the loss was surprising, as was the length of time it took to identify it – months after the financial year ended.

Stephen Walker.
Independent contractor Stephen Walker is a former executive director at Audit New Zealand.

Supplied / OAG

“Probably more of a concern is that they had seemingly been unaware that they were running up a significant deficit until they were in the preparation stage of their annual report in October.”

Walker said public entities typically produced monthly financial reports.

An interim audit also took place before the end of the financial year, he said, but if the organisation hadn’t identified significant losses at that stage, the auditor could also be in the dark.

“It seems that there’s a real weakness in forecasting and budgeting that’s occurred here and that the monthly accounts, when they’re produced, either haven’t identified these significant variances against budget or the magnitude of them really hasn’t come to light until right towards the end of the financial year,” Walker said.

“And really at that point, there’s no opportunity for the chief executive, the leadership team to take, and the board to take, any corrective action because the year has effectively been completed.”

Walker said the “significant miss” was difficult to account for given it was more than 10 percent of RNZ’s total funding.

He said based on RNZ’s annual report, financial complexity didn’t appear to be a factor.

“This $11.8m loss isn’t made up of one particular item … it seems to have been contributed to by a number of separate expense lines running over budget. So I don’t think it’s necessarily to do with complexity.”

Among the errors, RNZ wrongly counted $2m from land sales as income in its budget. Staff costs also came in $3.2m over budget, including $1.4m in redundancy payments.

Professor at Auckland University’s business school Norman Wong said based on media reports the issues identified were “significant and troubling”.

Norman Wong.
Norman Wong.

Supplied / University of Auckland

“But recognising the sale of land as income in their budget is a basic error that one would have expected to have been caught and corrected well before it got to this point.”

With funding reductions at RNZ over the past two years, Walker expected greater scrutiny of financial results.

“Virtually every public entity has had their annual budget reduced. And so you would expect … the leadership team on a monthly basis and board – I’m not sure how frequently the board will consider the information – but you would expect them to be interrogating the results on a regular basis throughout the year,” he said.

Walker said initiating an independent review was the correct course of action and that he’d want to understand what information the leadership team and the board were regularly receiving.

He said he’d “love to say” surprising financial results were rare, but conceded they occured on a semi-frequent basis during his time leading the Audit Office.

“The benefit of independent scrutiny by the Audit Office – and the auditors providing that support to the Auditor General – [is] that the reporting is fairly presented at the end of the year, whether it’s good, bad or ugly.”

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