Multiple witnesses have given evidence over the tragedy, which involved a Whangārei Boys’ High School excursion into Abbey Caves while an orange weather warning was in place.
The group of 17 students got into trouble as water rapidly rose and Karnin lost his life in Organ Cave.
The Abbey Caves reserve was originally settled in the 1860s by Nathaniel and Amelia Clotworthy, who built a homestead near the limestone formations.
Traces of that early settlement remain today, including the remnants of the homestead chimney. The site was reportedly named after their “Irish Abbey” style house burnt down in 1920.
The reserve holds two historic burial sites: A marked grave for one of the Clotworthy children, who died in 1884, and an unmarked grave believed to belong to a McDonald child from a nearby gum‑diggers’ camp in the late 1800s.
In the 20th century, Golden Bay Cement Company acquired the land to mine limestone for cement production.
When the company sold the property to the council in 1989, the land was gazetted as a scenic reserve, recognising its natural and historical significance.
As the landowner, the council is responsible for clearly identifying hazards to users.
Only certain groups are required to apply for an adventure activities permit to enter the caves: Those using them for a commercial purpose who are registered with WorkSafe.
Schools do not need to apply and the council representative said they have never had any organisation apply for a permit.
Following the incident, the council undertook a review of the signage and warnings in place for the caves, which included two signs on site and information on the council website.
The signage said the caves were prone to flooding, in particular Ivy Cave, with no mention of Organ Cave.
In 2021, a parks ranger expressed concerns about the hazards of the caves and the website was updated and an internal policy drafted.
The council worker said the council had no control over who entered the site and despite knowing the caves were prone to flooding, did not collect any data on when or how.
“Our duty was to inform about the hazards. People entering the caves need to do their risk assessments.”
References were made to the Whakaari White Island tragedy, which similarly drew questions around WorkSafe responsibility.
The worker was asked whether the council had any awareness that when the caves are in use by a school group, they technically become a workplace.
She responded that in light of the Whakaari findings, the Whangārei council was reconsidering its position.
She said at the time of May 9, 2023, the council’s responsibility was only to keep information up to date.
The council placed the caves under a rāhui. Photo / RNZ
Since the tragedy, the site has been under a rāhui and all caves have been blocked with barriers to prevent people entering.
Karnin Petera’s parents, Alicia Toki and Andre Petera, have expressed several times their support of permanently closing the caves to the public or guided tours being the only other option.
‘Wider consultation’
The council representative said they support the current rāhui and are working with wider iwi and hapū on the future of the caves.
She said they were awaiting the final recommendations from the coroner to move forward with decision-making on any reopening.
“It does need wider consultation with many hapū of the area who traditionally have a vested interest in the caves. We would look at increasing some safety requirements in the future, potentially look at increasing safety signage. But the opening of the caves is not for the council about the safety aspects, it’s about being concerned about the cultural aspects.”
The council representative also said she would like to see a caving expert give advice, guidance and expertise on the caves along with robust processes put in place identifying hazards.
She said this may also include future permit applicants providing emergency contingency plans to enter the site.
As the hearing concluded, Coroner Ho had some final words for those who had participated in, and sat through the hearing.
“I hope that some of the questions you have had have been answered and that you have heard and perhaps better understand the reasons why some of the decisions that were made were made.”
Coroner Ho said when the findings are released, some witnesses may find there is “adverse comment” about their decision-making.
“I’m not in a position today to say whether there will or will not be adverse comment, but I do want to emphasise that as part of the court process, questions are asked from counsel and by me, positions are taken, and the fact that those questions have been asked or positions taken shouldn’t be construed in your mind to think that it will land one way or the other.”
‘I thank you Karnin’
Throughout the hearing, many of the witnesses described the impact Karnin Petera’s death and the lessons learned.
As the assistant involved in the trip wrapped up his evidence, he had some parting words for the court.
“Although I didn’t know Karnin, I have since felt a deep connection with him.
“For a long time afterwards, the notes on my guitar were for him alone, a conversation sad and apologetic until eventually, he let me move on.
“Karnin often reminds me to appreciate this life and to do important things. I have long been fascinated with Māori culture and I place great importance on the messages or tohu [signs] that the natural world presents to me.
“We had a fantail enter our whare the day the inquiry started and it’s been coming in every day. I hold all my kids tighter now and I thank you, Karnin, for that.”
The coroner’s findings and recommendations will be released later in the year.
Shannon Pitman is a Whangārei-based reporter for Open Justice covering courts in the Te Tai Tokerau region. She is of Ngāpuhi/ Ngāti Pūkenga descent and has worked in digital media for the past five years. She joined NZME in 2023.