NZ Herald
  • Home
  • Latest news
  • Herald NOW
  • Video
  • New Zealand
  • Sport
  • World
  • Business
  • Entertainment
  • Podcasts
  • Quizzes
  • Opinion
  • Lifestyle
  • Travel
  • Viva
  • Weather

Subscriptions

  • Herald Premium
  • Viva Premium
  • The Listener
  • BusinessDesk

Sections

  • Latest news
  • New Zealand
    • All New Zealand
    • Crime
    • Politics
    • Education
    • Open Justice
    • Scam Update
  • Herald NOW
  • On The Up
  • World
    • All World
    • Australia
    • Asia
    • UK
    • United States
    • Middle East
    • Europe
    • Pacific
  • Business
    • All Business
    • MarketsSharesCurrencyCommoditiesStock TakesCrypto
    • Markets with Madison
    • Media Insider
    • Business analysis
    • Personal financeKiwiSaverInterest ratesTaxInvestment
    • EconomyInflationGDPOfficial cash rateEmployment
    • Small business
    • Business reportsMood of the BoardroomProject AucklandSustainable business and financeCapital markets reportAgribusiness reportInfrastructure reportDynamic business
    • Deloitte Top 200 Awards
    • CompaniesAged CareAgribusinessAirlinesBanking and financeConstructionEnergyFreight and logisticsHealthcareManufacturingMedia and MarketingRetailTelecommunicationsTourism
  • Opinion
    • All Opinion
    • Analysis
    • Editorials
    • Business analysis
    • Premium opinion
    • Letters to the editor
  • Politics
  • Sport
    • All Sport
    • OlympicsParalympics
    • RugbySuper RugbyNPCAll BlacksBlack FernsRugby sevensSchool rugby
    • CricketBlack CapsWhite Ferns
    • Racing
    • NetballSilver Ferns
    • LeagueWarriorsNRL
    • FootballWellington PhoenixAuckland FCAll WhitesFootball FernsEnglish Premier League
    • GolfNZ Open
    • MotorsportFormula 1
    • Boxing
    • UFC
    • BasketballNBABreakersTall BlacksTall Ferns
    • Tennis
    • Cycling
    • Athletics
    • SailingAmerica's CupSailGP
    • Rowing
  • Lifestyle
    • All Lifestyle
    • Viva - Food, fashion & beauty
    • Society Insider
    • Royals
    • Sex & relationships
    • Food & drinkRecipesRecipe collectionsRestaurant reviewsRestaurant bookings
    • Health & wellbeing
    • Fashion & beauty
    • Pets & animals
    • The Selection - Shop the trendsShop fashionShop beautyShop entertainmentShop giftsShop home & living
    • Milford's Investing Place
  • Entertainment
    • All Entertainment
    • TV
    • MoviesMovie reviews
    • MusicMusic reviews
    • BooksBook reviews
    • Culture
    • ReviewsBook reviewsMovie reviewsMusic reviewsRestaurant reviews
  • Travel
    • All Travel
    • News
    • New ZealandNorthlandAucklandWellingtonCanterburyOtago / QueenstownNelson-TasmanBest NZ beaches
    • International travelAustraliaPacific IslandsEuropeUKUSAAfricaAsia
    • Rail holidays
    • Cruise holidays
    • Ski holidays
    • Luxury travel
    • Adventure travel
  • Kāhu Māori news
  • Environment
    • All Environment
    • Our Green Future
  • Talanoa Pacific news
  • Property
    • All Property
    • Property Insider
    • Interest rates tracker
    • Residential property listings
    • Commercial property listings
  • Health
  • Technology
    • All Technology
    • AI
    • Social media
  • Rural
    • All Rural
    • Dairy farming
    • Sheep & beef farming
    • Horticulture
    • Animal health
    • Rural business
    • Rural life
    • Rural technology
    • Opinion
    • Audio & podcasts
  • Weather forecasts
    • All Weather forecasts
    • Kaitaia
    • Whangārei
    • Dargaville
    • Auckland
    • Thames
    • Tauranga
    • Hamilton
    • Whakatāne
    • Rotorua
    • Tokoroa
    • Te Kuiti
    • Taumaranui
    • Taupō
    • Gisborne
    • New Plymouth
    • Napier
    • Hastings
    • Dannevirke
    • Whanganui
    • Palmerston North
    • Levin
    • Paraparaumu
    • Masterton
    • Wellington
    • Motueka
    • Nelson
    • Blenheim
    • Westport
    • Reefton
    • Kaikōura
    • Greymouth
    • Hokitika
    • Christchurch
    • Ashburton
    • Timaru
    • Wānaka
    • Oamaru
    • Queenstown
    • Dunedin
    • Gore
    • Invercargill
  • Meet the journalists
  • Promotions & competitions
  • OneRoof property listings
  • Driven car news

Puzzles & Quizzes

  • Puzzles
    • All Puzzles
    • Sudoku
    • Code Cracker
    • Crosswords
    • Cryptic crossword
    • Wordsearch
  • Quizzes
    • All Quizzes
    • Morning quiz
    • Afternoon quiz
    • Sports quiz

Regions

  • Northland
    • All Northland
    • Far North
    • Kaitaia
    • Kerikeri
    • Kaikohe
    • Bay of Islands
    • Whangarei
    • Dargaville
    • Kaipara
    • Mangawhai
  • Auckland
  • Waikato
    • All Waikato
    • Hamilton
    • Coromandel & Hauraki
    • Matamata & Piako
    • Cambridge
    • Te Awamutu
    • Tokoroa & South Waikato
    • Taupō & Tūrangi
  • Bay of Plenty
    • All Bay of Plenty
    • Katikati
    • Tauranga
    • Mount Maunganui
    • Pāpāmoa
    • Te Puke
    • Whakatāne
  • Rotorua
  • Hawke's Bay
    • All Hawke's Bay
    • Napier
    • Hastings
    • Havelock North
    • Central Hawke's Bay
    • Wairoa
  • Taranaki
    • All Taranaki
    • Stratford
    • New Plymouth
    • Hāwera
  • Manawatū - Whanganui
    • All Manawatū - Whanganui
    • Whanganui
    • Palmerston North
    • Manawatū
    • Tararua
    • Horowhenua
  • Wellington
    • All Wellington
    • Kapiti
    • Wairarapa
    • Upper Hutt
    • Lower Hutt
  • Nelson & Tasman
    • All Nelson & Tasman
    • Motueka
    • Nelson
    • Tasman
  • Marlborough
  • West Coast
  • Canterbury
    • All Canterbury
    • Kaikōura
    • Christchurch
    • Ashburton
    • Timaru
  • Otago
    • All Otago
    • Oamaru
    • Dunedin
    • Balclutha
    • Alexandra
    • Queenstown
    • Wanaka
  • Southland
    • All Southland
    • Invercargill
    • Gore
    • Stewart Island
  • Gisborne

Media

  • Video
    • All Video
    • NZ news video
    • Herald NOW
    • Business news video
    • Politics news video
    • Sport video
    • World news video
    • Lifestyle video
    • Entertainment video
    • Travel video
    • Markets with Madison
    • Kea Kids news
  • Podcasts
    • All Podcasts
    • The Front Page
    • On the Tiles
    • Ask me Anything
    • The Little Things
  • Cartoons
  • Photo galleries
  • Today's Paper - E-editions
  • Photo sales
  • Classifieds

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 / New Zealand

Toddler death: 'An unusual chain of events'

NZ Herald
10 Oct, 2012 04:54 AM4 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

Harlan Batters-Ellis, 3, died when his mother's car collided with two vehicles while trying to avoid a crash in Kaeo. Photo / Supplied

Harlan Batters-Ellis, 3, died when his mother's car collided with two vehicles while trying to avoid a crash in Kaeo. Photo / Supplied

A mother was probably distracted for only a moment before a crash with a bus that claimed her three-year-old son's life, a coroner has found.

Kelly Batters swerved to avoid a car that was stopped on the side of the road but clipped it and spun into oncoming traffic on State Highway 10 near Kaeo in Northland on June 8, 2010.

Harlan Batters-Ellis, 3, was killed when his mother's car was crushed as it collided head-on with a Fuller's tourist bus travelling in the opposite direction.

Coroner Brandt Shortland, in his finding published today, said it was an "unusual chain of events" that led to Harlan's death.

Police had considered charging Ms Batters with careless driving causing death but it was determined there was insufficient evidence.

Advertisement
Advertise with NZME.
Advertisement
Advertise with NZME.

Coroner Shortland made no judgement of responsibility in the crash but rather noted it was "a matter for police whether a person should be prosecuted".

He ruled that Ms Batters was "more than likely distracted for a moment immediately before entering the area where the crash scene took place", either by taking her eyes off the road, being disrupted by the sun's rays or from something coloured ice blue that caught her attention.

Ms Batters had picked her son up from daycare, bought sweets and was heading to her mother's home when she crashed about 4.48pm.

Advertisement
Advertise with NZME.

Minutes earlier, motorist Jennifer Waldron crashed into a ditch on the side of State Highway 10 when she was distracted by the sun and swerved to avoid what she thought was a car.

She climbed out of her vehicle and waved for help from the side of the road.

Marcus Boyed, who was driving with his young daughter and son in his ute, pulled over on the highway and began speaking with Ms Waldron through the passenger-side window.

Mr Boyed's car was "partly on the shoulder of the road and [partly] on the highway" but as far to the left as he could manage.

He said he was about to get out of his car when it was hit from behind by Ms Batters.

Ms Batters had possibly been momentarily distracted and noticed Mr Boyed's car too late.

She swerved to avoid it but clipped the back corner and was propelled into oncoming traffic.

In his finding, Coroner Shortland said the crash between Ms Batters' car and the tourist bus was "significant".

"The car, whilst in rotation, has ended up with the front of the car being wedged under the side of the bus before being spat out backwards," he said.

"The impact ... had centred around the seating area where Harlan was strapped into a child restraint.

Advertisement
Advertise with NZME.

"The rear driver's side door had been ripped from the car along with significant damage to the ... pillars of the vehicle."

Christopher Dawe, an orthopaedic surgeon from Tauranga Hospital who was on the bus, rushed to Ms Batters' car and to Harlan in his seat.

"His immediate thoughts were that Harlan was critically injured and [he] desperately tried to free him by unstrapping his safety harness," Coroner Shortland said.

Harlan was flown by helicopter to the Whangaroa Health Centre where he was pronounced dead on arrival.

Senior Constable Jim Hawthorn investigated the crash scene, including whether Ms Batters may have been affected by the setting sun as Ms Waldron had been.

Ms Batters said she could not remember being impaired by the sun but it was not ruled out by Coroner Shortland as a possibility.

Advertisement
Advertise with NZME.

Coroner Shortland said Ms Batters may also have been distracted by a conversation with Harlan about whether they had seen his grandmother's car in a nearby car park or an item "coloured ice blue" that she recalled may have caught her attention.

Ms Batters' mother, Brenda Batter, said the family did not want to comment.

"It's just been a very hard time," she said.

---

The crash

* 4.30pm - Kelly Batters collects son Harlan Batters-Ellis, 3, from daycare

Advertisement
Advertise with NZME.

* 4.30-4.45pm - Ms Batters buys lollies, ice cream, fish and chips before heading home

* Jennifer Waldron, impaired by the sun, crashes her car into a ditch on State Highway 10 near Kaeo

* Marcus Boyed pulls over in his ute to assist Ms Waldron

* 4.48pm - Ms Batters, possibly distracted, tries to avoid the ute but clips it and is sent into oncoming traffic

* Walter Collins, driving the tourist bus, had already slowed but could not avoid Ms Batters' car

* Christopher Dawe, an orthopaedic surgeon on the bus, rushes to help and find Harlan in his car seat

Advertisement
Advertise with NZME.

* Harlan is flown to hospital but announced dead on arrival.

Save

    Share this article

Latest from New Zealand

New Zealand|crime

'Palpable grief': Motorcyclist who killed two people had 11 previous driving convictions

12 Jul 11:00 PM
Wellington

‘Life-changing’: Wellington man back on weight loss drug after Medsafe approval

12 Jul 11:00 PM
Auckland

New Zealander killed by shark in Australia was not wearing shark deterrent device he owned

12 Jul 10:05 PM

From early mornings to easy living

sponsored
Advertisement
Advertise with NZME.

Latest from New Zealand

'Palpable grief': Motorcyclist who killed two people had 11 previous driving convictions

'Palpable grief': Motorcyclist who killed two people had 11 previous driving convictions

12 Jul 11:00 PM

The couple were walking home when Mark Kimber sped through an intersection and hit them.

‘Life-changing’: Wellington man back on weight loss drug after Medsafe approval

‘Life-changing’: Wellington man back on weight loss drug after Medsafe approval

12 Jul 11:00 PM
New Zealander killed by shark in Australia was not wearing shark deterrent device he owned

New Zealander killed by shark in Australia was not wearing shark deterrent device he owned

12 Jul 10:05 PM
Deadly volcanic eruption clouds could travel 15km across Auckland - research

Deadly volcanic eruption clouds could travel 15km across Auckland - research

12 Jul 10:00 PM
Solar bat monitors uncover secrets of Auckland’s night sky
sponsored

Solar bat monitors uncover secrets of Auckland’s night sky

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
  • NZ Herald e-editions
  • Daily puzzles & quizzes
  • Manage your digital subscription
  • Manage your print subscription
  • Subscribe to the NZ Herald newspaper
  • Subscribe to Herald Premium
  • Gift a subscription
  • Subscriber FAQs
  • Subscription terms & conditions
  • Promotions and subscriber benefits
NZME Network
  • The New Zealand Herald
  • The Northland Age
  • The Northern Advocate
  • Waikato Herald
  • Bay of Plenty Times
  • 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