Judge rules school must pay compo after blast

Richard Nel, who died in a boiler room explosion at Orewa College last year, pictured with wife Kathy. Photo / Supplied

The family of a man who died in a boiler room explosion and a man who was left with severe head injuries and burns have been awarded almost $137,000 in compensation and costs.

Caretaker Richard Nel died after being burned over 90 per cent of his body and contractor Robin Tubman was seriously injured in the blast at Orewa College, north of Auckland, on June 24 last year.

In the North Shore District Court yesterday, Judge Laurie Hinton ordered the secondary school's board of trustees to pay the family of Mr Nel $75,000 in reparations and costs of $6100.

Mr Tubman was awarded $55,000 in reparations and $729 in costs.

Judge Hinton said the victim impact statements made sad reading, and described suffering that no family should have to endure.

Mr Tubman suffered burns to much of his body, severe memory loss and had lost his independence.

"He is in an ongoing nightmare that he himself may not even be aware of," he said.

Department of Labour counsel Karena England said it was difficult to gauge how much money a family should receive in cases like this, but cited similar cases where between $60,000 and $70,000 had been awarded.

The board's lawyer, Grant Nicholson, reiterated its regret at what had happened and apologised on its behalf.

The board had already offered Mr Nel's family $60,000 and Mr Tubman $40,000.

Judge Hinton said it was clear that the board acknowledged the suffering of the victims and had acted with care and concern for their families.

The board said it hoped the outcome of the tragedy was that it never happened again.

"The fact that Orewa College believed it had met Ministry of Education guidelines, but those guidelines did not meet the Department of Labour's standards, is a situation that must be resolved."

Department of Labour northern region manager John Howard said the incident was preventable, and a reminder of why workplace health and safety was very important.

"Unfortunately, the Orewa College Board of Trustees did not ensure the school's boiler facilities were repaired, modified and maintained in a safe and effective manner," he said.

School Trustees Association president Lorraine Kerr said the large number of requirements placed on school boards not only made the day-to-day running of schools daunting, but also confusing as they tried to provide a safe environment.

- NZPA