Bates reinforced water safety messaging ahead of summer, saying a child can \u201cslip below the surface in a matter of seconds and drown\u201d.<\/p>\n
He also encouraged councils to assess the safety of their water features, after a review following Nia\u2019s death found the fountain was high-risk and recommended changes.<\/p>\n
Bates said Nia, her sister, and their grandfather went to Memorial Park about 9am.<\/p>\n
Nia had not learned to swim but enjoyed playing in water.<\/p>\n
Just after 9.40am, Nia ran toward the water fountain while her younger sister ran in the opposite direction.<\/p>\n
Their grandfather went to retrieve Nia\u2019s sister first.<\/p>\n
At 9.49am, a member of the public called emergency services and reported a child lying face down in the water fountain, possibly drowned.<\/p>\n
Police arrived about 9.53am and found Nia motionless in the fountain. They removed her and started CPR.<\/p>\n
Her grandfather saw police and found Nia being given CPR.<\/p>\n
An ambulance crew continued resuscitation efforts, but Nia could not be revived and was pronounced dead at 10.14am. She had no visible injuries.<\/p>\n
CCTV captures drowning <\/p>\n
A rotating Tauranga City Council CCTV camera captured parts of the incident. <\/p>\n
At 9.41am, it captured Nia sitting on the outer ledge of the fountain. She entered the water before lying down and splashing around.<\/p>\n
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.<\/p>\n
On the next pass, she was lying motionless.<\/p>\n
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, \u201cpresumably\u201d to emergency services.<\/p>\n
The fountain in Memorial Park, Tauranga has been remediated after 4-year-old Nia Lohchab drowned on May 21, 2023. Photo \/ Kaitlyn Morrell<\/p>\n
By the time police removed Nia about 9.54am, CCTV had captured four people near the fountain, \u201cat least three of whom are clearly aware of Nia\u2019s presence face down in the water\u201d, Bates said.<\/p>\n
Police were satisfied that Nia\u2019s drowning was a \u201ctragic accident\u201d with no one else involved.<\/p>\n
Bates said while he agreed, he was \u201ctroubled 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\u201d. <\/p>\n
A council-commissioned independent safety review found the fountain carried \u201ca high level of risk\u201d due to being near a play area, looking like a pool or play feature, having a \u201cslippery\u201d pool liner, and being \u201crelatively deep\u201d \u2013 765mm at its greatest depth.<\/p>\n
After Nia\u2019s death, the fountain was drained and fenced off.<\/p>\n
Tauranga’s Memorial Park fountain pictured in November 2023. Photo \/ Kiri Gillespie<\/p>\n
It was renovated as recommended in the review, to create a \u201czero water depth\u201d in the fountain.<\/p>\n
More safety signage was installed, and the council also did work to mitigate risks at other artificial water features.<\/p>\n
This included deep cleaning, addressing slip hazards, clearing gardens that could obstruct views of the water, and increasing inspection and cleaning schedules. <\/p>\n
Bates encouraged other councils and organisations to \u201cproactively look\u201d at Tauranga City Council\u2019s changes to improve water safety.<\/p>\n
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. <\/p>\n
Between 2015 and 2024, 47 under-fives drowned in New Zealand. <\/p>\n
Adult supervision was \u201cinadequate or non-existent\u201d in 45 cases.<\/p>\n
Bates noted Nia\u2019s grandfather was unlikely to have been familiar with Memorial Park, having only arrived in New Zealand a week earlier. He did not speak English.<\/p>\n
Bates made no formal recommendations given the council\u2019s review and water feature changes, but made general water safety comments.<\/p>\n
He said a child could quickly drown \u201cwithout any calling out for help, or loud splashing, or any other overt action\u201d.<\/p>\n
Vigilant and constant observation of children was needed near water.<\/p>\n
He reminded caregivers of young children to be aware of their environment and hazards, to always supervise them from \u201cwithin sight or sound range\u201d, and to have an emergency plan, including knowing first aid and CPR.<\/p>\n
Water Safety NZ changed its message from \u201csupervision\u201d to \u201ccontact supervision of all children until at least 8 years of age\u201d for activities in and around water.<\/p>\n
Bates acknowledged the \u201congoing traumatic effect\u201d of Nia\u2019s death on her family and offered his condolences.<\/p>\n
The Coroner\u2019s office confirmed that an interim suppression order that previously prevented publication of Nia\u2019s name was not made permanent.<\/p>\n