DATE: 9 October 2012 TIME: 5pm

Maritime New Zealand brings charges relating to Easy Rider

Maritime New Zealand (MNZ) has laid ten criminal charges as a result of the Easy Rider sinking.

Easy Rider sank off the coast of Stewart Island in March 2012 with the loss of eight people.

MNZ has laid five charges against the company that operated the vessel, AZ1 Enterprises Limited, and five against Gloria Davis, in her capacity as a Director of AZ1 Enterprises. The charges have been laid under the Maritime Transport Act 1994, the Health and Safety in Employment Act 1992 and the Crimes Act 1961.

The charges against AZ1 Enterprises Limited are:

Section 68(2)(a) Maritime Transport Act 1994
In that it operated the ship “Easy Rider” knowing that a current maritime document namely a master holding a skippers certificate was required before it could be lawfully operated and knowing that the appropriate skipper’s certificate was not held.

Section 65(2)(a) Maritime Transport Act 1994
In that it caused or permitted the ship “Easy Rider” to be operated in a manner which caused unnecessary danger or risk to the persons on board.

Section 50(1)(a) & s15 Health & Safety in Employment Act 1992
In that as an employer it failed to take all practicable steps to ensure that no action or in action of any employee while at work harmed any other person on board “Easy Rider”.

Section 50(1) & s6 Health & Safety in Employment Act 1992
In that as an employer it failed to take all practicable steps to ensure the safety of its employees while at work on board the “Easy Rider”.

Section 50(1) & s18 (1)(b) Health and Safety in Employment Act 1992
In that as principal it failed to take all practicable steps to ensure that no contractor or subcontractor was harmed while doing work on board “Easy Rider” that he was engaged to do.

The charges against Gloria Davis are:

Section 68(2) Maritime Transport Act 1994 and s66 Crimes Act 1961
In that she operated the ship “Easy Rider” knowing that a current maritime document namely a master holding a skippers certificate was required before it could be lawfully operated and knowing that the appropriate skipper’s certificate was not held.

Section 65(2)(a) Maritime Transport Act 1994 and s66 Crimes Act 1961
In that she caused or permitted the ship “Easy Rider” to be operated in a manner which caused unnecessary danger or risk to the persons on board.

Section 50(1)(a), s15 & s56(1) Health & Safety in Employment Act 1992
In that she, as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that employer company to ensure that no action or inaction of any employee while at work harmed any other person on board “Easy Rider”.

Section 50(1)(a), s6 & s56(1) Health & Safety in Employment Act 1992
In that she, as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that employer company to take all practicable steps to ensure the safety of its employees at work on board “Easy Rider”.

Section 50(1)(a), s56(1) & s18 Health & Safety in Employment Act 1992
In that she as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that company as principal to take all practicable steps to ensure that no contractor or subcontractor was harmed while doing work on board “Easy Rider” that he was engaged to do.

The date of all charges is “on or about 15 March 2012 at Bluff and elsewhere in New Zealand”.

Given the matter is now before the courts, MNZ is unable to make any further comment on these charges.

ENDS

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