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  • Department of Labour reasonable not to investigate accident of primary student on extra-curricular activity

    Case notes
    Primary school student training for cross country competition on mountain road struck by motor vehicle – training sanctioned by school as an extra curricular activity—OSH declined to investigate—father complained to Ombudsman—Ombudsman examined provisions of Health and Safety in Employment Act—satisfied that OSH had no jurisdiction to investigate as accident did not fall within the definitions of ‘place of work’ or ‘work’ in s.2(1) as occurred outside school grounds—Police investigation limited to criminal liability—Ombudsman identified no mechanism in place for ensuring accountability by schools in providing safe environment for students outside school gates—Ombudsman approached OSH, Ministry of Education and Minister of Labour about his concerns – Ministry confirmed it was developing policy to address this and agreed to keep Ombudsman informed—Ombudsman advised complainant he was satisfied OSH’s original decision was reasonable
  • Child Youth and Family’s decision to remove child from care

    Case notes
    The Department of Child, Youth and Family (CYF), now Ministry for Children - Oranga Tamariki, agreed to apologise and reimburse couple’s legal fees following Ombudsman’s finding that CYF’s decision to decline custody of a child was unreasonable and then, when CYF acquiesced following the commencement of a court proceedings, CYF was unreasonable not to reimburse legal costs incurred by the couple