Local Govt | National News Video | Parliament Headlines | Politics Headlines | Search


$30,000 fines and reparation after passenger injured on boat

Auckland Jet Boat Tours Limited has been fined a total of $25,000 and ordered to pay $5000 in reparation after admitting Illegal and unsafe maritime practices. Director Julian Frank O’Neil has been convicted and ordered to carry out 275 hours of community work.

Auckland District Court indicated that a fine of $79,687.50 would have been appropriate on one charge but reduced this to $20,000 due to the company’s financial position. On a second charge the company was fined an additional $5000. Mr O’Neill was convicted and discharged on the basis of his financial position.

Maritime NZ Northern Regional Manager Neil Rowarth said the company had operated an uncertified jet boat and falsified its logbook, and a passenger had her collar bone broken in an accident on the boat. The incidents occurred in December 2016 and February 2017.

Auckland Jet Boat Tours and Mr O’Neill pleaded guilty to a total of five charges, two under Health and Safety at Work Act 2015 (HSWA) and three under the Maritime Transport Act. They were sentenced in the Auckland District Court on Monday, 6 May 2019.

Between 4 and 9 December 2016 Auckland Jet Boat Tours Ltd’s jetboat Livi Lightning was used without a certificate of survey for at least 12 trips on the Waitematā Harbour, carrying paying passengers. A certificate of survey is issued after a detailed safety inspection, and all vessels must have one to operate commercially in order to provide assurance of the vessel’s safety.

On 9 December 2016 maritime officers detained Livi Lightning and stopped it operating until it had been inspected and a new certificate was issued. They reviewed the vessel’s documents and carried out interviews. They found the logbook had been falsified to incorrectly state Livi Lightning had made only two training trips and two trips carrying passengers free of charge, when in fact it made numerous trips with fare-paying passengers.

Livi Lightning was subsequently inspected by a shipping surveyor and a new certificate of survey was issued on 27 January 2017.

On 26 February 2017 Livi Lightning was being used to provide tours on the harbour.

As the vessel did a planned spin a female passenger was thrown into the vessel’s side and her husband was thrown against her. The vessel’s Master was told the woman had hurt her shoulder.

The two passengers then changed places, another spin was carried out and the husband was also thrown into the side of the vessel causing severe bruising to his shoulder.
The Master then operated the vessel more moderately and returned to the Viaduct Marina.

The woman with the hurt shoulder sought medical attention and an x-ray showed her collar bone had been broken.

Maritime NZ has followed up with Auckland Jet Boats Tours LTD. to ensure they are operating safely. They were inspected on 22 February 2018 and again on 22 April 2018 to ensure the vessel is safe, and the vessel now meets the safety system requirements.

“They have reviewed safety procedures to ensure the safety management system is appropriate and addressed the risks. They have also reviewed Master training and passenger briefings. Padding has also been modified in the area on the vessel where the passenger broke their collar bone,” Mr Rowarth said

Maritime NZ is the government agency responsible for compliance with HSWA in relation to work on ships in New Zealand waters and for compliance with the MTA.
HSWA puts responsibility for health and safety on all those involved in operating a business: employees, managers and directors. It places emphasis on directors’ personal responsibility for oversight of the business and includes much larger penalties than previous health and safety legislation.

Maritime NZ "Compliance Operating Model"

Maritime NZ’s compliance work focuses on supporting, encouraging and requiring people to do the right things to achieve safe, secure and clean outcomes in our maritime industry and environment. Our actions include providing information and education, targeted safety campaigns, audits, inspections, imposition of conditions on operations, investigations and prosecutions.

We will choose the most appropriate action for the issue involved – the ‘right tool at the right time’. The Compliance Operating Model guides those decisions.

This case involved breaches of important safety requirements, falsifying records in an attempt to hide some of those breaches, serious injury to one passenger, and risk to others.

Summary of 2017/18 statistics:
• 1,035 notifications received and assessed
• 461 audits of New Zealand maritime operators
• 257 safety and security inspections of foreign ships
• two national, targeted, health and safety inspection campaigns, one focusing on stevedores and the other on maritime operators with higher risk operations
• 128 investigations
• 18 prosecutions.

© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On The Saudi Oil Refinery Crisis

So the US and the Saudis claim to have credible evidence that those Weapons of Oil Destruction came from Iran, their current bogey now that Saddam Hussein is no longer available.

Evidently, the world has learned nothing from the invasion of Iraq in 2003 when dodgy US intel was wheeled out to justify the invasion of Iraq, thereby giving birth to ISIS and causing the deaths of hundreds of thousands of people. More>>


PM To Japan, New York: Ardern To Meet Trump During UN Trip

“I’m looking forward to discussing a wide range of international and regional issues with President Trump, including our cooperation in the Pacific and the trade relationship between our countries." More>>

PM's Post-Cab: "A Way Forward"

At Monday's post-cabinet press conference, Prime Minister Jacinda Ardern announced a number of actions in response to the Labour Party's mishandling of sexual assault complaints. More>>


Gordon Campbell: On Allegations Of Left Wing Media Bias

“Left wing bias” accusations date back at least to the mid 1990s... The charge of left wing bias was ridiculous then, and is ridiculous now. More>>

Next Wave Of Reforms: Gun Registration And Licensing Changes Announced

“The Bill includes a register to track firearms and new offences and penalties that can be applied extraterritorially for illegal manufacture, trafficking, and for falsifying, removing, or altering markings – which are a new requirement under the Firearms Protocol.” More>>


Gordon Campbell: On Labour’s Mishandling Of The Alleged Sexual Assault

The focus of Labour’s alleged sexual assault scandal has now shifted from the party organisation to the Beehive... This is now a crisis of Beehive management and response, not something occurring at a distance within the party organisation. More>>


'History Rectified': Rua Kēnana To Be Pardoned

An official pardon for Tūhoe prophet and leader Rua Kēnana is one step closer after the Te Pire kia Unuhia te Hara kai Runga i a Rua Kēnana: Rua Kēnana Pardon Bill was read in Parliament for the first time today. More>>


Mental Health: Initial Mental Health And Wellbeing Commission Appointed

The Government has announced details of the initial Mental Health and Wellbeing Commission which will play a key role in driving better mental health in New Zealand. More>>


people outside the meeting house at WaitangiEducation: NZ History To Be Taught In All Schools

“We have listened carefully to the growing calls from New Zealanders to know more about our own history and identity. With this in mind it makes sense for the National Curriculum to make clear the expectation that our history is part of the local curriculum and marau ā kura in every school and kura,” Jacinda Ardern said. More>>


Sexual Assault Claims Mishandled: Labour Party President Resigns

Jacinda Ardern: “This morning I was provided some of the correspondence from complainants written to the party several months ago. It confirms that the allegations made were extremely serious, that the process caused complainants additional distress, and that ultimately, in my view, the party was never equipped to appropriately deal with the issue…" More>>





InfoPages News Channels