Bay of Plenty Times
  • Bay of Plenty Times home
  • Latest news
  • Business
  • Opinion
  • Lifestyle
  • Property
  • Sport
  • Video
  • Death notices
  • Classifieds

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • On The Up
  • Business
  • Opinion
  • Lifestyle
  • Property
    • All Property
    • Residential property listings
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
  • Sport

Locations

  • Coromandel & Hauraki
  • Katikati
  • Tauranga
  • Mount Maunganui
  • Pāpāmoa
  • Te Puke
  • Whakatāne
  • Rotorua

Media

  • Video
  • Photo galleries
  • Today's Paper - E-Editions
  • Photo sales
  • Classifieds

Weather

  • Thames
  • Tauranga
  • Whakatāne
  • Rotorua

NZME Network

  • Advertise with NZME
  • OneRoof
  • Driven Car Guide
  • BusinessDesk
  • Newstalk ZB
  • Sunlive
  • ZM
  • The Hits
  • Coast
  • Radio Hauraki
  • The Alternative Commentary Collective
  • Gold
  • Flava
  • iHeart Radio
  • Hokonui
  • Radio Wanaka
  • iHeartCountry New Zealand
  • Restaurant Hub
  • NZME Events

SubscribeSign In
Advertisement
Advertise with NZME.
Home / Bay of Plenty Times

Apology for botched investigation

By Rebecca Savory
Bay of Plenty Times·
23 Oct, 2015 11:00 PM4 mins to read

Subscribe to listen

Access to Herald Premium articles require a Premium subscription. Subscribe now to listen.
Already a subscriber?  Sign in here

Listening to articles is free for open-access content—explore other articles or learn more about text-to-speech.
‌
Save

    Share this article

POSITIVE OUTCOME: Debbie McCauley (left) and lawyer Michael Nepia are pleased their approach to the Ombudsman got Sophie McCauley's accident reviewed.PHOTO/JOHN BORREN

POSITIVE OUTCOME: Debbie McCauley (left) and lawyer Michael Nepia are pleased their approach to the Ombudsman got Sophie McCauley's accident reviewed.PHOTO/JOHN BORREN

A WORKSAFE NZ has apologised to a Tauranga family after a teenager was unfairly blamed for an accident that left her in a wheelchair for four months.

Three years after Sophie McCauley fell 4m from a Mount Maunganui indoor rock wall, her mother Debbie McCauley has uncovered the truth about the botched investigation done by the Ministry of Business, Innovation and Employment (now WorkSafe).

Sophie was celebrating her 14th birthday at The Rock House in October 2012 when her carabiner disconnected and she fell 4m on to the concrete floor.

She broke her hip and fractured her foot. She had emergency surgery and spent four months in a wheelchair. Doctors said Sophie would likely get arthritis later in life as a result of the injuries, Ms McCauley said.

An investigation by WorkSafe in early 2013 attributed blame for the accident to Sophie and as a result no prosecutions were made.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

But Sophie's mother took matters into her own hands, advocating for her daughter and requesting Sophie's file from WorkSafe under the Official Information Act in March 2013.

A request under the Official Information Act has to be answered in 20 working days although an extension can be requested.

When Ms McCauley received a "smaller than expected file" three months later, she said "nothing seemed right".

Advertisement
Advertise with NZME.

She took her concerns to the Ombudsman and brought Michael Nepia on board as her lawyer. They sought a review of the whole investigation. A year later, in July 2014, they received Sophie's complete file, with WorkSafe admitting the information had been "withheld in error".

The response came with a two-page apology after the review found the investigation was not of the standard that was expected at the time.

A spokesperson told the Bay of Plenty Times Weekend the investigation "did not adequately examine the health and safety legal responsibilities of the climbing centre and contained inconsistent conclusions as to culpability".

"We also apologised for the additional stress that must have been placed on the McCauley family as the investigation report appears to have unfairly attributed blame for the accident to Sophie.

"There was no evidence that Sophie was to blame for the accident." In the letter to Ms McCauley last year, WorkSafe offered $1600 compensation to cover legal fees and promised a personal apology from a chief investigator.

Yesterday that promise was fulfilled.

"This meeting has been the culmination of three years of advocacy and has brought positive closure to what's been a very difficult period," Ms McCauley said yesterday.

"I think their apology was genuine and sincere. It's been incredibly difficult and stressful. It's been exhausting."

Ms McCauley appreciated WorkSafe coming to Tauranga to apologise in person and considered the three-year crusade closed.

Despite the review, any prosecution action by WorkSafe had to be made within six months of the organisation being alerted of the incident so they now had no ability to lay charges.

Advertisement
Advertise with NZME.

However, the Health and Safety in Employment Act 1992 makes provision for private litigants to seek an extension of time to file a charging document in certain circumstances.

Mr Nepia and Ms McCauley both said that window had closed for them. "Probably a year ago it was frustrating but now I don't want to put Sophie through that. I resigned [myself] to the fact a while back," she said.

"We're now looking to salvage a couple of positives out of it."

WorkSafe outlined to Ms McCauley all the changes made to how investigations were carried out since WorkSafe was established, including a dedicated team of inspectors focused purely on investigations, increased oversight by their managers, increased legal support and a new training regime.

Within a week of Sophie's accident in 2012 and as a direct result of it, The Rock House made two changes to their safety procedures, manager Sue Hair told the Bay of Plenty Times Weekend.

Padded mats were put under the climbing walls and a double-carabiner system was introduced, instead of using just one.

Advertisement
Advertise with NZME.

"We changed some things straight away but since then there's been the ASGs [Activity Safety Guidelines] and every gym has to comply with those ... they're classed as guidelines but you'd be a fool not to."

Ms Hair said a letter was sent to the McCauley family after the incident to apologise but The Rock House was advised not to do anything else.

Save

    Share this article

Latest from Bay of Plenty Times

Bay of Plenty Times

'It's still not enough': Two-income families seeking help from community centres

28 Jun 11:46 PM
Bay of Plenty Times

Takitimu House leader Annamarie Angus steps down after 11 years

28 Jun 06:00 PM
Bay of Plenty Times

'Free spirit': Artist who paints using his mouth is flying high

28 Jun 03:00 AM

Kaibosh gets a clean-energy boost in the fight against food waste

sponsored
Advertisement
Advertise with NZME.

Latest from Bay of Plenty Times

'It's still not enough': Two-income families seeking help from community centres

'It's still not enough': Two-income families seeking help from community centres

28 Jun 11:46 PM

Families at Merivale's Kai Day rose from 50 to 167 in a year.

Takitimu House leader Annamarie Angus steps down after 11 years

Takitimu House leader Annamarie Angus steps down after 11 years

28 Jun 06:00 PM
'Free spirit': Artist who paints using his mouth is flying high

'Free spirit': Artist who paints using his mouth is flying high

28 Jun 03:00 AM
Road changes stoking confusion on Cameron Rd, businesses say

Road changes stoking confusion on Cameron Rd, businesses say

27 Jun 06:00 PM
Engage and explore one of the most remote places on Earth in comfort and style
sponsored

Engage and explore one of the most remote places on Earth in comfort and style

NZ Herald
  • About NZ Herald
  • Meet the journalists
  • Newsletters
  • Classifieds
  • Help & support
  • Contact us
  • House rules
  • Privacy Policy
  • Terms of use
  • Competition terms & conditions
  • Our use of AI
Subscriber Services
  • Bay of Plenty Times e-edition
  • Manage your print subscription
  • Manage your digital subscription
  • Subscribe to Herald Premium
  • Subscribe to the Bay of Plenty Times
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • Bay of Plenty Times
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Rotorua Daily Post
  • Hawke's Bay Today
  • Whanganui Chronicle
  • Viva
  • NZ Listener
  • Newstalk ZB
  • BusinessDesk
  • OneRoof
  • Driven Car Guide
  • iHeart Radio
  • Restaurant Hub
NZME
  • About NZME
  • NZME careers
  • Advertise with NZME
  • Digital self-service advertising
  • Book your classified ad
  • Photo sales
  • NZME Events
  • © Copyright 2025 NZME Publishing Limited
TOP