4 December 2024
File Ref: 241017 & 241018
Scott
[email address]
Dear Scott
Thank you for your Official Information Act requests received on 6 November 2024. You made two
requests for:
‘Ia requesting information in relation to a serious harm incident on 10/8/2020 resulting in
death at Glenfield Pools, owned and operated by Auckland Council.
Could you please provide a copy of each notifiable incident report submitted to Worksafe.
Did Worksafe undertake an investigation and what was the outcome.
Or If Worksafe did not undertake an investigation, please advise the reasons for this decision.
Should you require clarification of my request, please let me know’.
‘Ia requesting information in relation to a serious harm incident on 23/6/2020 involving Hamish
Jamieson at Glenfield Pools, owned and operated by Auckland Council.
Could you please provide a copy of each notifiable incident report submitted to Worksafe.
Did Worksafe undertake an investigation and what was the outcome.
Or If Worksafe did not undertake an investigation, please advise the reasons for this decision.
Should you require clarification of my request, please let me know’.
On 11 November 2024 following our initial search for information, we contacted you for further
clarification of your requests, and you provided us with two media articles related to the incidents
in your requests.
I can confirm that the Auckland Council notified WorkSafe of the incident that occurred at Glenfield
Pools on 10 August 2020. The New Zealand Police attended the scene. No enforcement action has
been taken in respect of that event. As noted in our Guardian file, this incident is not within
WorkSafe jurisdiction.
Information being released
Please find attached the following documents:
Item
Document Date
Document Title
Decision
1.
10 August 2020
5788303 Response File – Fatality Notification to
WorkSafe of incident at Glenfield Pools
Release in part
Letter to Auckland Council from WorkSafe Release in part
2.
10 August 2024
acknowledging their phone cal notification of
10/08/2020.
3.
10 August 2020
Email from Police to WorkSafe
Release in part
4.
29 June 2021
Coroner’s Decision -Not to open inquiry
Release in full
5.
13 August 2020
Guardian View Response
Release in part
I have decided to release the relevant parts of the documents listed above subject to certain
information being withheld under section 9(2)(a) of the Official Information Act, as applicable, with
any information not relevant to your request removed and noted as “out of scope”.
We have included in this response a copy of the Coroner’s Findings for this fatality. For future
reference you can obtain a copy of the Coroner’s findings directly from Ministry of Justice (MoJ).
PO Box 165, Wellington 6140
information on how to make a request can be found a
t Contact the coronial offices | Coronial
Services of New Zealand
WorkSafe has not been notified of the incident at Glenfield Pools on 23 June 2020 involving
Hamish Jamieson, and no enforcement action has been taken in respect of that event. I am
refusing that part of your request under Section 18(g) of the Official Information Act, as the
information requested is not held by WorkSafe New Zealand.
Only certain work-related matters are required to be notified to WorkSafe, and WorkSafe can only
intervene when an incident is work-related. WorkSafe does not investigate or assign an inspector
to every event or situation that is reported. All matters that are reported are carefully considered
to determine what regulatory response is appropriate to the circumstances. When we become
aware of a risk or harm, we make an initial decision about whether to intervene by testing it
against our four decision-making criteria. Our criteria are:
1. The risk or harm sits within our responsibilities
2. We are the best placed to intervene if there is an overlap with another agency's
responsibilities
3. The significance of the risk or harm means it warrants intervention; and
4. Intervening is an effective use of our resources.
In making my decision, I have considered the public interest considerations in section 9(1) of the
Official Information Act.
This reply addresses the information you requested. You have the right to ask the Ombudsman to
investigate and review my decision, and further information is available at
www.ombudsman.parliament.nz.
If you require further assistance, please contact
[email address].
Yours sincerely
Rob Pope
Head of Inspectorate
2