The parents of a 13-year-old Christchurch girl who died after hitting her head while ice skating are angry the coroner will not open an inquiry into her death, saying they fear the same thing could happen again unless legislation changes to make helmets compulsory at rinks.
Kymani Hiley-Hetaraka was not wearing a helmet when she fell at Alpine Ice in July last year. She died in hospital two days’ later.
Kymani was a Haeata Community Campus student on a supervised outing with a group of other young people as part of a programme run by Crossroads Youth with a Future.
In findings released on Wednesday, Coroner Alexandra Cunninghame said she was satisfied that the matters required had been adequately established through a WorkSafe investigation that concluded no further action should be taken against anyone involved in the accident.
In light of voluntary changes made by Alpine and Crossroads, the coroner said she was satisfied that it was not necessary for her to make recommendations or comments.
Kymani’s parents Curtis Gwatkin and Maraea Hetaraka told RNZ while they initially agreed with the coroner’s decision not to open an inquiry they were angry and devastated no-one would be held accountable for her death.
“We are still struggling to accept what happened, that our daughter’s passing is now a lesson to why safety outside of school during a school trip is completely up to the kids keeping themselves safe,” Hetaraka said.
While they understood the coroner’s view, Hetaraka said they wanted people responsible for taking Kymani skating that day to face consequences.
“There was no safety run-through brief at the skating rink when the kids arrived, nobody put helmets on any of the kids. We just want justice for our daughter,” she said.
An ice-skating trip with fatal consequences
On 30 July Crossroads took the group to the Alpine rink, although Kymani had not been ice skating before and her parents did not know she was going skating that day.
At the time, Alpine recommended that skaters wear helmets, which were available for free. A Crossroads’ risk assessment management form indicated helmets should be worn “if needed”.
Kymani practised with a skating frame for support for a short time, then while skating without the frame she overbalanced and fell backwards, hitting her head on the ice.
She was initially conscious and complained of a sore head but collapsed shortly after being helped from the rink.
Coroner’s decision not to open an inquiry
Coroner Cunninghame said the WorkSafe investigation found no breaches of the Health and Safety at Work Act.
She noted there was no legislation requiring the use of helmets or any other safety equipment while recreational ice skating and Alpine’s recommendation that skaters wear helmets was in line with other ice rinks in Aotearoa at the time.
Following the accident, Alpine now required skaters to wear head protection, along with other major indoor rinks.
The coroner said Crossroads had made “wide-ranging” changes since the accident, including hazard and risk management training, and updates to policies and documentation including reassessing activity risk levels and safety equipment.
The family felt ripped off by the changes and did not believe they went far enough, Hetaraka said.
“That fact that the school, ice skating rink and Crossroads all implemented the new safety procedures immediately was a bittersweet moment only because it came into effect after [Kymani] passed,” she said.
“Her death was preventable and as her parents we hold the ones that took the kids to the rink that day responsible, they failed that day our daughter lost her life.”
RNZ has contacted Crossroads for comment.
Hetaraka said her whānau had been blanketed by sadness since the accident.
“We miss Kymani’s life spark that only she bought into our family, her laughter filled up the room, she was the only one who could wrestle and keep up physically with our rambunctious boys,” she said.
“We miss her kindness and soft heart in our homes, we miss how she had all of our secrets, we miss her baking and her singing, we miss her arguing with her sissy, most of all we miss her love and how it filled up a room.”
Hetaraka said Kymani’s death had traumatised her other daughter Saphira who was with her when she fell at the ice rink.
“Of all the things we want Kymani to be remembered as a friend, she loved people, she loved helping, she loved being loved. She was such a kind kid and we want her back every day.”
Helmet use now enforced at many rinks, but not required by law
A WorkSafe spokesperson said staff met Hiley-Hetaraka’s whānau to discuss the outcome of the investigation and had spoken to Alpine, Crossroads and Haeata to confirm the changes they had made in response to Kymani’s death.
In addition to Alpine Ice and other major indoor centres, seasonal and pop-up rinks around New Zealand are now mandating helmets, while the rest are recommending them.
The Haeata Community Campus board said it had thoroughly reviewed its processes, procedures and wider risk management system.
In a statement, an Alpine Ice spokesperson said Kymani’s death had a profound effect on many people.
“Kymani and her family remain in the thoughts of our people and the skating community,” they said.
The spokesperson said helmets had always been available for free and head protection was mandatory for all recreational ice skaters since the accident.
The use of helmets for recreational ice skating was not considered standard in comparable centres internationally but Alpine said it was pleasing to see many New Zealand rinks had adopted similar head protection policies.
Alpine said it strongly supported helmets for recreational public ice skating and was committed to promoting the use of head protection at its own centre and throughout the wider network of ice sport organisations and rink operators in New Zealand and Australia.
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