Gore District Council pleads guilty to WorkSafe charges after toddler found dead in wastewater ponds

Friday, 23 December 2022

Lachie Jones' body was found in Gore's wastewater ponds in January 2019. He was three years old when he died. (File photo)

The Gore District Council has pleaded guilty to a lesser charge under the Health and Safety at Work Act after a child was found dead in its wastewater ponds nearly four years ago.

On February 23, 2019, the body of three-year-old Lachlan Paul Graham Jones was found in the ponds after a search after he went missing from his home on Salford St.

In a statement, the council said it this week entered a plea of guilty to an amended charge laid by WorkSafe in relation to the drowning of a child in the Gore oxidation ponds almost four years ago.

In March 2020, WorkSafe concluded its investigation into the death and the council was charged under sections 37(1) and 48(1) and (2)(c) of the Health and Safety at Work Act 2015.

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Gore residents march in support of Paul Jones and in memory of his son Lachie. Jones is pushing for more answers as to how his son died. (First published in May, 2021).

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The council pleaded not guilty to the charge and a five day defended hearing was due to proceed in the Gore District Court in January.

WorkSafe, Police and Gore district council staff at the entrance to the plant the day after the toddler’s body was found.

The charge has now been amended by WorkSafe – the allegation that a serious risk of death arose from the council’s alleged breach has been removed.

Council chief executive Stephen Parry said as a result it had entered a plea of guilty to the reduced charge of failing to perform a duty.

“As always, our thoughts continue to remain with Lachlan’s whānau. His death was a tragedy.”

No further comment will be made while the matter remains before the court, he said.

A WorkSafe New Zealand spokesperson said WorkSafe intends to seek leave to pursue an amended charge under section 49 of the Health and Safety at Work Act 2015.

Southland dad Paul Jones says he is still coming to grips with the news the council has chaged its plea.

This application will be considered by the court when the matter is next called on January 18, 2023 and WorkSafe is unable to make further comment before then.

No criminal charges have been laid in relation to the death.

Lachlan’s father, Paul Jones, said he needed to take some time to get his head around the news that the council had changed its plea.

”It’s come as a massive shock to me to find this out three days before Christmas.’’

Jones has always maintained that Lachlan did not walk to the ponds.

In June 2019, WorkSafe issued two improvement notices to the council, which said it was contravening a provision of the Health and Safety at Work Act or regulations under the act.

The council spent $65,000 re-fencing the wastewater ponds in November 2019 to comply with the improvement notices