Waihi drowning: Melville High School Board of Trustees could avoid conviction over student's death

Melville High School student Jaden Chhayrann drowned while on a school trip in Waihi last year.

The Melville High School board of trustees has been charged by WorkSafe after a student died on a school trip.

Jaden Chhayrann, 17, got caught in a rip while going for a swim on a geography trip with his Melville High School class at Waihi Beach on February 21 last year.

Despite a teacher's efforts to rescue him, Jaden was swept out to sea.

His body was found nearly 30km north near Whiritoa Beach a couple of weeks later.

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However, the board could escape a conviction if an alternative course of action is successful.

Lawyer Caitlyn Frost represented the Melville High School Board of Trustees today when the case was called before Judge Robert Spear in the Hamilton District Court.

The board earlier entered a not guilty plea to one charge of exposing a person to risk of death or serious harm laid by Worksafe under the Health and Safety at Work Act 2015.

Bayden Harris, prosecutor, on behalf of WorkSafe, told Judge Spear both parties had agreed to enter into an "enforceable undertaking".

If successful the board would avoid having a conviction.

According to the WorkSafe website, an enforceable undertaking was generally used as an alternative to going through with a prosecution.

An undertaking was "an agreement between WorkSafe and a duty holder" under the Health and Safety at Work Act 2015 [HSWA].

Lifeguards battled rough conditions during their search for Jaden Chhayrann last year. Photo / George Novak

It was entered into voluntarily by the duty holder - or party that has been charged - following an alleged breach of HSWA.

The agreement details actions the accused party would go through with including "support progressively higher standards of work health and safety" for the benefit of staff or the workplace, and community and "remedy the harm caused to any victims".

Judge Spear remanded the case off until November for a case review hearing and when the result of the undertaking would also be heard.

Meanwhile, the school's plan to hold a memorial for Jaden in February had to be cancelled because of level 2 restrictions due to Covid-19.

The school hoped to hold the service on February 28 after which a memorial seat - built by his classmates - would be unveiled.

Jaden had earlier been described by friends as "such a sweetheart to everyone".

"He always seemed to make everyone laugh and smile," Christine Moeun told the Herald last year.

"He was definitely one of the guys I love being around, he was always happy and so funny."