A horror accident at a North Shore gymnasium which left a school student a quadriplegic came just months after a similar incident in which another teenager broke his neck.
The initial incident was investigated by WorkSafe, which decided not to prosecute, but the teenage victim's father appealed against the finding and is now investigating legal options in response to both incidents.
The gym has confirmed it is reconsidering who should be able to use its foam pit, where both accidents occurred, but maintains it acted correctly in both cases.
Mitchell Ottow, 17, was at the North Harbour Gymnastics Centre in July as part of an NCEA physical education lesson.
The Westlake Boys High School student followed other classmates and dove into the foam pit, and compressed his C4 and C5 vertebrae on impact.
Last month Corey Sands, 18, was severely injured after doing a back-flip from a high bar into the same pit during an unstructured adults session. He remains in Middlemore Hospital's intensive care unit and has been told he could remain a quadriplegic.
Yesterday his twin Callum told the Herald his brother's breathing had improved, but he was still unable to freely talk after a tracheotomy.
Despite his own injuries, Mitchell managed to walk away from the July 22 lesson. It was only after a trip to a doctor a few days later that the extent of his injury was revealed.
The talented hockey player - who was selected in the NZ under-18 squad before the injury - wore a neck brace for 12 weeks. After experiencing tingling in his arms and legs, there is a possibility he will need an operation to fuse the damaged vertebrae.
WorkSafe New Zealand investigated Mitchell's accident and found no case to prosecute of deliberate non-compliance.
Mitchell's father, Terry Ottow, appealed against that decision, believing his son - who was having his first session at the gym - had not been given adequate instructions and supervision.
Corey Sands was paralysed last month.
In a response to Mr Ottow, WorkSafe said when it was noticed the boys were not jumping correctly, they were stopped. "WorkSafe accepted that the instructions provided by the gymnasium were not as clear as they should have been. However ... our enforcement decisions must be proportionate to the seriousness of the behaviour, and we do not believe that the level of culpability is high enough to warrant prosecution."
Mr Ottow, who said he felt sick after hearing about Corey Sands' accident, told the Herald he was investigating legal options in regards to the two accidents.
But the chief executive of the trust that runs the gym, Oscar Paulich, said he was confident the gym had acted correctly in both cases. The WorkSafe investigation into Mitchell's accident confirmed what he said, and the gym was co-operating with the investigation.
The gym's own investigation into Mitchell's accident found the schoolboys had been told to run through the foam pit. Some students had flipped and dived into the foam, and a staff member put a stop to this as soon as they saw it.
Mitchell Ottow, 17
*Dived into the foam pit, damaging his C4 and C5 vertebrae on impact during a PE lesson.
*Wore a neck brace for 12 weeks. May need an operation to fuse the two damaged vertebrae.
Corey Sands, 18
*Back-flipped from a high bar into foam pit during an unstructured adults' session.
*Could remain a quadriplegic.