Key Takeaways:
- South Taranaki Fishing Charters was prosecuted and convicted for failing to ensure the safety of passengers under the Health and Safety at Work Act.
- The company was ordered to pay a $10,000 fine, court costs of $26,000, and reparations of $17,000 and $13,000 to the two injured women.
- The incident occurred when the charter boat crossed the Pātea bar, resulting in two passengers being injured, one of whom required shoulder surgery and still experiences ongoing pain and disability.
- Maritime New Zealand emphasized the importance of charter operators providing clear safety briefings, assessing passenger suitability, and ensuring they understand the risks involved in a bar crossing.
- The company has learned from the incident and made changes to its operations to prioritize passenger safety.
Introduction to the Incident
The incident occurred on January 3, 2022, when two women, Deverall and Weingott, paid $200 each to go on a fishing charter with South Taranaki Fishing Charters. The women, who were inexperienced and unaware of the Pātea bar’s reputation, were given a brief safety briefing before crossing the bar. However, the briefing was deemed inadequate, and the women were not properly prepared for the rough conditions they would encounter. As a result, both women were injured, with Weingott suffering a fractured shoulder and Deverall experiencing lumbar pain that still troubles her to this day.
The Incident and Its Aftermath
The incident occurred when the charter boat, a 7.5m runabout, crossed the Pātea bar. The women were told to hold on, but they were not given clear instructions on how to brace themselves or what to expect during the crossing. As the boat hit the wave, the women were flung around, resulting in their injuries. After the incident, the women were helped up, and Weingott was given first aid, but the charter continued, and the other passengers went on to fish. It wasn’t until they returned to shore five hours later that Deverall drove Weingott to the hospital, where the extent of her injuries became clear.
Prosecution and Conviction
Maritime New Zealand prosecuted South Taranaki Fishing Charters for offences under the Health and Safety at Work Act. The company was convicted and ordered to pay a $10,000 fine, court costs of $26,000, and reparations of $17,000 and $13,000 to the two injured women. The company’s owner, Peter Robins, expressed regret for the incident and acknowledged that the company had learned from its mistakes. Robins stated that the company had made changes to its operations to prioritize passenger safety and would continue to operate in a safe manner.
Lessons Learned
The incident highlights the importance of charter operators providing clear safety briefings, assessing passenger suitability, and ensuring they understand the risks involved in a bar crossing. Maritime New Zealand’s general manager investigations, Pete Dwen, emphasized that passengers should be given clear information about the risks involved, including how conditions can change and the physicality of the crossing. Operators should also check basic information, such as a passenger’s experience on the water, age, medical or mobility issues, and swimming ability. South Taranaki Fishing Charters has learned from the incident and wants to share its lessons with other operators to ensure they are carrying out their operations in a safe way.
The Human Impact
The incident has had a significant impact on the two women involved. Weingott has undergone surgery and still experiences ongoing pain and disability. She has to take pain medication, which she dislikes, and struggles with everyday tasks, such as dressing herself and getting out of the bath. Deverall also still experiences lumbar pain and has had to make changes to her daily life to accommodate her injury. The incident has also had a psychological impact, with Weingott expressing regret for ever getting on the charter vessel.
Conclusion
The incident highlights the importance of prioritizing passenger safety in the charter boat industry. Charter operators must take all reasonable steps to ensure that passengers are aware of the risks involved and are properly prepared for the conditions they will encounter. The prosecution and conviction of South Taranaki Fishing Charters serve as a warning to other operators to prioritize passenger safety and provide clear safety briefings. The company’s willingness to learn from its mistakes and make changes to its operations is a positive step towards ensuring that such incidents do not happen in the future.