Neihana Renata, 9, with his mum Marama Renata in Rotorua last month. Photo / Alex Cairns
An inquiry has found a series of failings by WorkSafe and the Ministry of Education after Rotorua toddler Neihana Renata choked on raw apple and nearly died while at childcare.
Chief Ombudsman Peter Boshier this week released his report from his investigation into a complaint about the adequacy of WorkSafe’s investigation into the 2016 tragedy that left the son of Marama and Wi Renata severely disabled.
Findings from the 2021 report — which can now be published for the first time — said the actions of WorkSafe and the ministry were “unreasonable” and it recommended both apologise to the Renata family and make ex-gratia payments. Both organisations have since done so.
The findings have led to changes within both organisations, including WorkSafe establishing a Victim’s Service Team to support better engagement with victims and their families, and the ministry changing food guidelines at early childhood centres.
Neihana was 22 months old when he choked on the cut-up apple — food Government guidelines at the time did not recommend be served to someone his age.
He was starved of oxygen for 30 minutes and left with severe brain injuries and cerebral palsy.
The Renatas not only fought for changes to be made to ensure a tragedy like theirs did not happen again, they also fought for their own answers over the frustrations they faced following the tragedy.
Marama Renata told the Rotorua Daily Post Weekend this week they were grateful to the Ombudsman for thoroughly reviewing their case and making recommendations.
“When your child nearly dies in childcare, you expect a robust and accurate investigation process, and we were shocked when it wasn’t.
“The failure of WorkSafe meant years of time, effort and stress on our part, all of which could have been avoided if they had done a good and fair job in the first place.”
Renata said they were happy WorkSafe and the ministry had made changes to their internal processes and they hoped things would improve for others.
Boshier not only looked at WorkSafe’s investigation into the choking incident but also into related concerns about the ministry’s involvement.
The family complained twice to WorkSafe — New Zealand’s workplace health and safety watchdog — about the accuracy of its investigation. Their complaint included that the agency did not identify any breaches of the Health and Safety at Work Act, so no compliance action would be taken.
After the first complaint in 2017, WorkSafe said the concerns raised by the family were already considered or otherwise outside the scope of its investigation, and their complaint was best considered by the ministry. But WorkSafe took a year to transfer the family’s complaint to the ministry, in 2018. The complaint was handled at the local office level and the ministry decided no action was necessary.
The family complained to WorkSafe again in 2019 and the ministry reviewed food preparation guidelines, resulting in changes including requiring early learning services to alter the texture of raw apple before it is served to children aged under 5.
The family remained dissatisfied about how the entire incident had been handled and complained to the Ombudsman.
Boshier’s investigation report identified a series of failures, including poor engagement with the family by both the ministry and WorkSafe.
His findings on WorkSafe included that its investigation focussed too narrowly on compliance and prosecution and omitted adequate consideration of mitigating hazards in relation to choking and first aid. He also found problems with how it handled the family’s initial complaint, including the delay in forwarding it to the ministry.
He found the ministry should have escalated the WorkSafe report to the Secretary of Education for consideration, given the gravity of the incident.
Along with apologising and ex-gratia payments, his other recommendations included that WorkSafe review its investigation processes and work with the ministry to clarify roles. His report said both implemented the recommendations.
In response to Daily Post questions, WorkSafe said in a written statement it accepted the recommendations.
“We have apologised both in writing and in person to the whānau, for the stress caused by WorkSafe’s investigation processes, and our subsequent engagement with them.”
The statement said significant changes had been made to processes and the way victims of workplace harm and their families are supported.
It was working more effectively with the ministry, “enabled by the signing and continued development of formal agreements which underpin a closer working relationship”.
In a written statement ministry central deputy secretary Tui Rolleston said it accepted the recommendations and took actions including an apology and ex-gratia payment to the family, details of which were confidential.
Changes included licensing criteria for early learning services, and requiring children to be seated and actively supervised by staff while eating.
These changes also required services to follow Te Whatu Ora Health NZ guidance on how to manage high-risk choking food in early learning services and increased the number of staff holding a first aid certificate from one adult to 50 children to one adult to 25 children.
Kelly Makiha is a senior journalist who has reported for the Rotorua Daily Post for more than 25 years, covering mainly police, court, human interest and social issues.