Bates reinforced water safety messaging ahead of summer, saying a child can “slip below the surface in a matter of seconds and drown”.
He also encouraged councils to assess the safety of their water features, after a review following Nia’s death found the fountain was high-risk and recommended changes.
Bates said Nia, her sister, and their grandfather went to Memorial Park about 9am.
Nia had not learned to swim but enjoyed playing in water.
Just after 9.40am, Nia ran toward the water fountain while her younger sister ran in the opposite direction.
Their grandfather went to retrieve Nia’s sister first.
At 9.49am, a member of the public called emergency services and reported a child lying face down in the water fountain, possibly drowned.
Police arrived about 9.53am and found Nia motionless in the fountain. They removed her and started CPR.
Her grandfather saw police and found Nia being given CPR.
An ambulance crew continued resuscitation efforts, but Nia could not be revived and was pronounced dead at 10.14am. She had no visible injuries.
CCTV captures drowning
A rotating Tauranga City Council CCTV camera captured parts of the incident.
At 9.41am, it captured Nia sitting on the outer ledge of the fountain. She entered the water before lying down and splashing around.
When the camera showed the fountain again, just under three minutes later, Nia was lying in the water. It was unclear if she was on her front or back, or if she was moving.
On the next pass, she was lying motionless.
Five minutes later, Nia was found face down in the water by a member of the public who was seen on CCTV on the phone, “presumably” to emergency services.
The fountain in Memorial Park, Tauranga has been remediated after 4-year-old Nia Lohchab drowned on May 21, 2023. Photo / Kaitlyn Morrell
By the time police removed Nia about 9.54am, CCTV had captured four people near the fountain, “at least three of whom are clearly aware of Nia’s presence face down in the water”, Bates said.
Police were satisfied that Nia’s drowning was a “tragic accident” with no one else involved.
Bates said while he agreed, he was “troubled by the fact that none of the members of the public who observed Nia face down and motionless in the water removed her from the fountain immediately”.
A council-commissioned independent safety review found the fountain carried “a high level of risk” due to being near a play area, looking like a pool or play feature, having a “slippery” pool liner, and being “relatively deep” – 765mm at its greatest depth.
After Nia’s death, the fountain was drained and fenced off.
Tauranga’s Memorial Park fountain pictured in November 2023. Photo / Kiri Gillespie
It was renovated as recommended in the review, to create a “zero water depth” in the fountain.
More safety signage was installed, and the council also did work to mitigate risks at other artificial water features.
This included deep cleaning, addressing slip hazards, clearing gardens that could obstruct views of the water, and increasing inspection and cleaning schedules.
Bates encouraged other councils and organisations to “proactively look” at Tauranga City Council’s changes to improve water safety.
Since records began in 1980, the only other drowning death of a child aged under five in a public fountain was in Whanganui in 1995, Water Safety New Zealand advised.
Between 2015 and 2024, 47 under-fives drowned in New Zealand.
Adult supervision was “inadequate or non-existent” in 45 cases.
Bates noted Nia’s grandfather was unlikely to have been familiar with Memorial Park, having only arrived in New Zealand a week earlier. He did not speak English.
Bates made no formal recommendations given the council’s review and water feature changes, but made general water safety comments.
He said a child could quickly drown “without any calling out for help, or loud splashing, or any other overt action”.
Vigilant and constant observation of children was needed near water.
He reminded caregivers of young children to be aware of their environment and hazards, to always supervise them from “within sight or sound range”, and to have an emergency plan, including knowing first aid and CPR.
Water Safety NZ changed its message from “supervision” to “contact supervision of all children until at least 8 years of age” for activities in and around water.
Bates acknowledged the “ongoing traumatic effect” of Nia’s death on her family and offered his condolences.
The Coroner’s office confirmed that an interim suppression order that previously prevented publication of Nia’s name was not made permanent.
Megan Wilson is a health and general news reporter for the Bay of Plenty Times and the Rotorua Daily Post. She has been a journalist since 2021.