A swimming ban in the Aratiatia Rapids was recommended after Rachael De Jong was swept to her death. Photo / Supplied
A swimming ban in the Aratiatia Rapids was recommended after Rachael De Jong was swept to her death. Photo / Supplied
The Coroner "strongly" recommended a swimming ban in the Aratiatia Rapids on the Waikato River, just north of Taupo, following the death of Rachael de Jong on Waitangi Day 2017. Her father and Mercury Energy, which runs the dam, support the move to stop another tragedy happening. But the two councils responsible for by-laws say prohibition is impossible.
The father of a young woman swept to her death on the Waikato River says it's a "cop out" for two local councils to ignore a Coroner's recommendation to ban swimming in the dangerous stretch of water.
Rachael de Jong, 21, was swimming with six friends about 200m below theAratiatia Dam, just north of Taupo, on Waitangi Day 2017 when the floodgates opened.
Within minutes, the tranquil water turned into a torrent.
Horrified tourists could do nothing but watch as the physiotherapy student and her friends were trapped on a rock and dived to safety, one-by-one, as the water rose around them.
Although Rachael scrambled to safety, she put herself back in harm's way to help others and was swept downstream.
Coroner Wallace Bain hailed her selfless bravery after his investigation of her death and thousand of people voted her as the Herald's 2018 New Zealander of the Year.
In his findings, Bain "strongly" recommended a complete ban on swimming in the rapids to stop another tragedy.
The dam floodgates are opened four times a day in summer for "tourist spills" - filling the rapids for visitors to see in a natural state - which are part of Mercury Energy's resource consent for the power station.
Sirens warn of the impending release of water, as well as signs in the official Department of Conservation carpark and tracks to the fenced viewing areas.
However, Rachael de Jong and her friends parked in a layby on the side of the road and walked down a well-worn, unofficial track to the river.
They would have walked past a warning sign, but it had been stolen two weeks before and not replaced.
The Aratiatia Rapids look peaceful but turn into 'surf' when the dam waters are released each day. Photo / Mike Scott
Some of the group heard the sirens - and some knew that meant the dam was opening - but Bain said it was obvious they were unaware of the true danger.
Since Rachael's death, DoC and Mercury Energy put up new warning signs and barriers to block the unofficial track, as well as removing a rope used to climb down to the water.
But Bain said other swimmers had been caught unawares in the river before and more could be done to stop another tragedy.
"It also seems clear to the court that swimming in the area should be absolutely prohibited and that is simply demonstrated by the interviews [with the survivors]," wrote Coroner Bain.
"They are smart, intelligent young people but in essence had no idea of what to expect and on that basis were very much lulled into a false sense of security.
"If the group that were caught on this occasion were not able to sense the imminent danger with all that was then in place, then it is clearly possible that this could happen again, especially as it is a tourist area."
Coroner Bain "strongly" recommended Mercury, DoC and the Waikato Regional Council meet to discuss how swimming could be banned, even if a law change was needed.
He also recommended Mercury consider how to visually monitor the water, perhaps by technology such as cameras or a drone, before any water is released from the dam.
A new barrier was put in place to stop people accessing the Aratiatia Rapids by an unofficial track following the death of Rachael de Jong in 2017. Photo / Alan Gibson
Mercury has ruled visual checks as impractical after commissioninga leading safety expert to investigate the idea.
Cameras can make static environments like a factory safer, but are still susceptible to system and human failure, according to the report given to Bain.
In fact, visual checking of Aratiatia Rapids could even make it more dangerous by giving swimmers a false sense of security.
"Mercury's view remains that the best path for minimising the risk of a similar event occurring is for access to the rapids area to be prohibited by law," Mercury chief executive Fraser Whineray wrote to Bain in August.
The power company believes a Waikato Regional Council bylaw that prohibits swimming within 200m of a hydro structure, enforceable by the harbourmaster, can be extended to the entire rapids area quickly.
Mercury was "encouraging" the council to make this change through its bylaw review schedule for this year, Whineray said.
A swimming ban in the Aratiatia Rapids was recommended after Rachael De Jong was swept to her death. Photo / Supplied
However, the council said the bylaw was designed to stop swimmers getting near a hydro dam to avoid "conflict" with maintenance vessels.
"As maintenance vessels cannot enter the rapids, we cannot legally extend the swimming ban to include this area. There is presently no agency that has the legal responsibility for controlling swimmers," WRC maritime and farming services manager Nicole Botherway said.
"Rachael's tragic death has highlighted how dangerous this area is and we continue to work closely with our partners to increase awareness of the dangers to prevent others swimming in this area."
Emails released under the Official Information Act show the Taupō District Council does not believe it can introduce a separate bylaw for public safety reasons under the Local Government Act.
Even if swimming at the Aratiatia Rapids could be banned, a senior TDC manager had "serious doubts" it would make the area safer.
"The reality is that in the absence of an infringement regime, prosecuting people for breaching bylaws is rarely used, simply because there is a significant time and cost involved in doing so which makes it impractical in all but the very worst of cases," Nigel McAdie, TDC legal and compliance manager, wrote in an email to a colleague.
A spokeswoman said the TDC's position has not changed.
"Essentially, it is within the responsibilities of Waikato Regional Council as the harbourmaster for that area."
Kevin de Jong stands beside new warning signs put in place after the death of his daughter Rachael in 2017. Photo / Alan Gibson
Rachael's father Kevin de Jong supports Mercury's push for a total ban on swimming below the dam, which he believes is necessary to reinforce to the public just how dangerous the waterway is.
He was frustrated at the inaction of the Waikato Regional Council and the Taupo District Council.
"It's a cop out and very typical of bureaucrats.This is just rubbish," de Jong told the Herald on Sunday.
"How hard can it be? If you can't amend the bylaw, just put an entirely new ban in place. If a council can make a bylaw to make dog owners pick up dog poo, they can ban swimming in a dangerous spot."
