A coroner has made an about-turn about whether to recommend slowing trains down through the small Waikato town of Ngaruawahia.
Coroner Gordon Matenga today released his findings into the death of 11-year-old Moareen Rameka who died after being hit by a train on the rail bridge on March 18 last year.
Moareen, 11, had been playing on the tracks with a friend about 5.45pm when a northbound train sounded its horn as it rounded the final bend before the rail bridge.
Moareen's friend was slightly ahead of her and able to jump to safety in time. Moareen was struck just a few metres short of her escape.
At the inquest held in Hamilton in October last year, the coroner said Rameka could have survived if the locomotive was going slightly slower.
He called for further submissions on recommending to reduce the speed through Ngaruawahia from the current 60km/h to 50km/h, a decision which pleased her family members at the time.
While KiwiRail accepted Moareen may have survived if the train was going slower it submitted that it had tried speed restrictions in the past but it had led to more young people jumping from the top of the railway bridge onto trains or hi-rail vehicles and stone throwing.
The stone throwing had caused damage to trains and injuries to staff.
KiwiRail boss Henare Clarke said he was concerned that a reduced speed limit could lead children and others to believe they will be able to outrun the train on the railway bridge and that playing on or jumping from the railway bridge was now a safer activity and thereby encouraging taking the risk.
In his findings, the Coroner accepted Clarke's "forceful submission" that playing on railway tracks was "never safe and must be seen to be a banned activity".
"Mr Clarke argues that in our cities, trains travel at 100km/h. Residents are acutely aware of the dangers because of the much higher speeds and act accordingly. Having considered the issues carefully, I am persuaded that reducing the speed at Ngaruawahia, would send the wrong message to the Ngaruawahia community.
"Moareen's death was preventable and the community is key to that
prevention."
Everyone had a responsibility to care for and lookout for each other, he said.
"The Ngaruawahia community have acknowledged that responsibility and are taking
encouraging steps towards sharing the message that playing on or otherwise encouraging
the use of the railway bridge is risky behaviour and should be avoided. Accordingly, no
recommendations will be made."