New Zealand Defence Force charged over sailor death
Tuesday, 24 March 2020
WorkSafe has charged the New Zealand Defence Force over the death of a sailor during a dive exercise at the Devonport Naval Base.
The charge of failing to ensure the safety of employees comes almost exactly a year after Zachary Yarwood, 23, died in North Shore Hospital following the night-time incident.
The able diver and other sailors were diving in about six to eight metres of water at about 10pm during advanced dive training.
A police inquiry into the death is continuing.
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WorkSafe filed one representative charge against NZDF under the Health and Safety at Work Act at the Auckland District Court on Monday.
The charge alleges the failures exposed five other sailors to risk of death or serious injury during the same exercise.
The particulars of the charge say that it was reasonably practicable for the NZDF to 'ensure that divers were effectively supervised during training diving operations including by ensuring the correct number of supervisory staff were present'.
In addition, it should have ensured that 'all divers, including instructors, had certificates of competence for diving'.
The maximum penalty is a fine of $1.5m.
Yarwood's family told Stuff in a statement: 'The shocking and tragic circumstances surrounding Zac's death will be exposed in the New Zealand courts.
'It is a great relief to Zac's family that the Navy will be held to account.'
The family wanted to thank WorkSafe and the police 'for the tenacious and compassionate way they have conducted their investigations'.
The first anniversary of Yarwood's death is on Thursday.
He joined the navy in 2013 and served on HMNZS Te Kaha and Philomel. He was hoping to join HMNZS Matataua as a qualified diver.
A spokesperson for NZDF said there was no comment while the case was before the court.
The organisation is due to appear in the Auckland District Court next month.