SNZ Negligence

By David

Interest in the Swimwatch story, “Journey of the Tangata Whenua” has been huge. Understandably the injustice revealed made an impression on people everywhere. I even had a call from TV3 News asking for more details. However the story that mattered, the event of real significance in the blog was not a parent’s journey from Northland but was Swimming New Zealand’s insistence that swimmers at their Championships should continue to dive into illegally shallow water.

I don’t know how many of you saw a headline on the Stuff website yesterday. It was incredibly sad. It said, “A woman has spinal injuries after diving into shallow water at Kaiteriteri, 60km west of Nelson. The 29-year-old from Motueka nearly drowned and has serious spinal injuries after diving into shallow water at the beach, a helicopter spokesman said.” When will Swimming New Zealand get it? When will they understand that diving into shallow water is really, really dangerous?

FINA rules on the subject are very clear. Two rules apply. This is what they say.

FR 1.3 FINA Minimum Standard Pools. All other events held under FINA Rules should be conducted in pools that comply with all of the minimum standards contained within these Facilities Rules.

FR 2.3 Depth – A minimum depth of 1.35 metres, extending from 1.0 metre to at least 6.0 metres from the end wall is required for pools with starting blocks. A minimum depth of 1.0 metre is required elsewhere.

I would think most readers would read that to mean that in events like the NZ Age Group Championships the depth of the pool near the starting blocks had to be at least 1.35 metres deep. But not Swimming New Zealand. When I filed a protest about the pool depth they latched on to the word “should” in Rule FR 1.3 and said that meant the minimum depth was not compulsory. They played semantics with the safety of every child in their care. Was scoring a win over the author of Swimwatch more important than the risk of a body on the bottom of their pool? They also arranged for Chris Moller, that’s one of Peter Miskimmin’s go-to minions, and Sue Suckling to ring Brian Palmer and me, to grill us both about whether there had been some sort of collusion, some dark plot to bring down SNZ, behind the protest.

I can assure you there had not. Brian Palmer knew about the protest of course. At a National Championships protests can only be filed by the Region’s manager. As for the Moller suggestion that politics were the primary motive for the protest, that was simply bloody insulting. If they think I care more about their pathetic organization than I do about the health, safety and welfare of my swimmers then they have made a serious mistake. The suggestion says everything we need to know about the motives and ethics of SNZ.

It seems SNZ will use any ploy to avoid the duty of care for their members. However what SNZ did not count on was a main stream journalist calling FINA to ask their opinion on the depth of the Kilbirnie Pool. The FINA reply was unequivocal. There was no debating the meaning of the word “should” with FINA. They did not approve of the shallow end of the Kilbirnie Pool being used to start swimming races. The validity of our concern and our protest had been confirmed.

So what did SNZ do? For national events they altered the starting end of the pool to the deep water, southern end. But for local events they continued using the shallow end. I do wonder at the message of that decision. Is safety of Wellington swimmers not as important as swimmers from other centres? Or is it just a case that when it’s a local meet no one cares, FINA and Swimwatch are not around to notice, so we will do it all the old way?

But SNZ got caught again. A few months after my protest a young swimmer from the Raumati Club in Wellington lost her front teeth diving into the shallow end of the Kilbirnie Pool. Some SNZ official resorted to type and tried to blame the swimmer’s coach for not teaching her to dive properly; anything to avoid admitting that the pool is too bloody shallow. For the love of God, stop using that end.

One can only applaud State Insurance for dropping their SNZ sponsorship like a hot potato. In Kilbirnie, at least, water safety? Hmmm what water safety?

And so we come to this year’s National Age Group Championships. Sure enough all the individual races were started from the deep end; recognition that my original protest was 100% valid; recognition that the damage done to SNZ swimmers was unnecessary; recognition that FINA rules were there for a reason and recognition perhaps that officials like Jo Davidson, Lesley Huckins and Ross Bragg could do a better job of enforcing the letter and the spirit of the rules.

But included in the Age Group Championship program was a full schedule of sixteen 4×50 meter relay events involving 257 teams. Most Swimwatch readers will know that a 4×50 relay involves two swimmers starting from each end; two from the deep end and two from the shallow end. What that means is that, in spite of our protest, in spite of FINA’s rules and their counsel, in spite of a swimmer’s lost front teeth and in the face of their lost water safety sponsorship, Swimming New Zealand arranged for 514 swimmers to dive into the shallow end of the Kilbirnie Pool. On 514 occasions Swimming New Zealand were prepared to compromise the safety rules of their parent organization. Did they really think that was a risk worth taking?

If they did, it is irresponsible. Someone should be held accountable for that decision. There is no possibility that I was going to compromise my swimmer’s safety. Sacrificing what turned out to be a silver medal I withdrew the West Auckland Aquatics swimmer from the Auckland relay team. At six foot four inches there is no way, knowing what I knew, having coached in safety conscious America for eight years, I was going to be responsible for allowing one of my swimmers to dive into a pool that FINA said was too shallow.

Before anyone picks me up on the fact that another West Auckland swimmer did swim in a relay and did start from the shallow end. That is true and was an error on my part. I thought she was swimming third and would be starting from the deep end. It was a serious mistake on my part. If I had realized she also would have been withdrawn.

And so, while driving from Northland and not being allowed into the pool may be the human interest story of the meet, the real issue this week was the health, welfare and safety of 514 swimmers; put at risk for taking part in the sport of swimming.

  • Nags Swimmer

    During warm ups, we were not even allowed to practice diving into the shallow end. As a breaststroker who would be swimming 2nd in a medley relay, this concerned me. I had to dive into a shallow pool with no practice at all and just run the risk of losing my $7000 teeth! Its like they wanted people to get hurt!

  • Brian Palmer

    David, your editor Jane says that only a handful of people
    have ever attached their names to a comment on Swimwatch. I have done so
    before and on this subject the matters are of such importance that I will do so
    again.

    I have attended swim meets all over the world but have done so only once at the Wellington Regional Aquatic Centre. That was way back in 2001 and the WRAC was only a few years old. As the distance being travelled seems to be of current interest, I had flown 12,000 miles to attend and by the time the journey was complete I had travelled the full distance around the globe. The welcome I received there was full of that genuine Kiwi hospitality and warmth. At no stage would I have ever thought someone might have officiously rejected my desire to enter and watch. After years in the northern hemisphere the genuineness was welcome and appreciated. I am appalled to hear that somehow things have changed. I found your story about the ‘Tangata Whenua’ very hard to comprehend and hope beyond hope that this was not a case of misplaced bigotry being played out in our swimming community. Heaven forbid that we maybe experiencing racism in the sport. I well remember on that occasion in 2001 Jan Cameron crying out from the balcony – “Turn the bubbles off” with reference to the current that swimmers have to swim against down the home length, but I had no particular thoughts about pool depth at the time. Why should I? The meet seemed well run by genuinely nice people and aside from the “bubbles” comment all seemed well under control.

    In 2012 we were installing in Auckland, and at great cost to us, the new starting blocks at Westwave. Unlike any other Council pool anywhere in the country, the ASA pays for and owns every piece of equipment that is required for competitive swimming in the Westwave pool – including starting blocks, lane ropes, timing systems, touch pads, scoreboard – in fact virtually everything that is not pool deck and water is owned and maintained by the ASA, even the chairs! May I note that these new blocks were made possible through generous contributions of local businesses such as the Walker & Hall Group and various Auckland based authorities which included the Henderson & Massey Local Board of the Auckland Council. Pulling the money together was a challenge in a tight economic
    environment but we knew with the tough selection criteria being applied for the
    Olympics that no effort should be spared. These organisations got that
    message and generously provided the money to make the new blocks possible.
    Swimming New Zealand waded into our preparations at several stages
    chiding me over delays in securing the blocks but refused any request for
    financial assistance. They seemed to understand that the blocks might be
    important but were never prepared to back that up with financial support.
    Back then they would rather have drunk a cold cup of sick than see
    Auckland gain what they thought might be a small PR advantage. That
    seemed more important to Swimming New Zealand then than how our athletes might perform in meeting an exceptionally tough Olympic Qualifying standard.
    Generally it is considered that the new generation blocks contribute about a 0.2 second advantage to athletes and interestingly almost half of the largest Olympic team ever qualified did so with margins of less than that amount. I digress though because my post is about the depth of the Wellington Aquatic Centre and the protest which David lodged in 2012.

    It was while we were fitting the new starting blocks that we needed to review the FINA facility regulation precisely to understand the requirements for the new starting blocks and to ensure that there was no possibility of the new equipment causing issues at the forthcoming Olympic trials. For the record those starting blocks sit 74mm above the waterline at Westwave right on the maximum FINA approved height of 75mm. We anticipated that if the blocks were 76mm above the waterline that the nature of SNZ officiating was such that the facilities would be rejected in some way. They are a full 10cm higher than the previous starting blocks which are now installed on the Westwave moveable bulkhead.

    As myself and others were poring over the FINA facility rules, David you happened to be there during your WAQ training sessions, and we both almost simultaneously realised that while Westwave complied with the FINA rules, the WRAC did not. In typical David fashion you told me then that you would either take SNZ to court and seek an injunction as you had previously done when Toni Jeffs was swimming, or that you would lodge a protest at the forthcoming NAGS.

    Being forewarned of your intention and out of courtesy I contacted a member of the SNZ Technical Committee to ask if they had ever considered the issue of the WRAC’s non-compliance with the FINA rules. I was floored to be told (and I have kept all of this correspondence) that not only were they aware of the pools non-compliance but that they “had wondered how long it would be before someone raised the issue of the depth under the starting blocks at WRAC”. The honesty was refreshing, but the wilful negligence it displayed was not. For 14 years they had known that the pool did not comply with FINAs safety requirements and they had done nothing to fix it. Shame on them.

    Out of that same sense of courtesy I then provided notice via the SNZ Technical Committee, direct to the SNZ Board, and also through SNZ management that this was a matter of grave concern and that if it were not addressed then it was likely going to be the subject of a protest at the forthcoming NAGS. I was asked what solution I saw as being appropriate and although this was not my area of concern we did discuss various possible solutions (including the one now undertaken of having starts from the deep end of the pool.) I pleaded with SNZ to offer a solution before NAGS began and was clear in my warning that if they did not then a protest was inevitable and that the ASA would have no control over that.

    I am reliably informed that the subject was considered by the then SNZ Board although I do not know the insights and content of those discussions. What is as clear now as it was then that rather than respond to a clearly telegraphed request for the issue to be addressed, the next several weeks were spent deliberating on how they might avoid any responsibility and defeat a possible protest. Weasel legal arguments were all that came forth and it is to the shame of the organisation and the technical officials who colluded with SNZ management that a legitimate and valid protest on such a vital safety issue was dismissed contemptuously.
    I will not name the Meet Director who heard the protest at NAGS that year, nor the technical officials who sat on the Jury of Appeal as they are volunteers, but they know who they are and they should be ashamed of themselves. I just hope that it is not one of their children who becomes a tetra-plegic or loses their front teeth as a result of their wilful negligence, but then again maybe it is only when the consequences come that close to home that they will understand.

    All starting blocks at the shallow end of the WRAC should be removed immediately and nobody should ever again be allowed to dive into that end of the pool. The risks are simply too great. It is time that people in the Swimming community grew up and took some courageous action to preserve the safety and well being of our young athletes. SNZ knows it. The Wellington Council knows it, and thanks to the mainstream media in New Zealand, FINA knows it. It is time to do something and treat future generations of athletes and their families with the respect that their trust deserves. David is right on this one – the failure to act was then and remains now a gross act of negligence.

    Brian Palmer