Tauranga charter boat company sentenced after sleeping captain crashed ship on Mount Maunganui

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A Tauranga boat charter company whose employee crashed one of its vessels into the Mauao base after falling asleep has been convicted and acquitted by the Tauranga District Court.

Tauranga Fishing Charters Limited appeared for sentencing before Judge Paul Mabey on January 26.

The company was accused of operating a motorboat without trained personnel and putting passengers at risk by not having an adequate trip recording system.

The charges stem from the grounding of the company’s main vessel in late January 2020, after the vessel’s captain fell asleep at the wheel.

According to the summary of facts, the vessel left the port of Tauranga for a day of fishing around 7 a.m. on January 31.

The captain of the 12m vessel, an employee of the company, had initially indicated that the group would return to port around 6.30pm that day. The captain reported the expected return time to the company owner, Aaron Jones.

By 7 p.m., Jones had received no communication from the ship, deciding to text the captain asking what time he intended to return.

The captain replied that the charter was overdue and that he intended to return to port around 11 p.m.

It was while returning to the port of Tauranga that the captain fell asleep and collided with Mauao Base, near the base runway at around 11:30 p.m. that night.

After hitting the rocks, the captain initiated all safety procedures and abandoned ship. There were no injuries to crew or passengers.

The company also met all salvage requirements and covered the costs incurred by the Bay of Plenty Regional Council.

An investigation was then launched into the accident by Maritime New Zealand, who discovered that the captain of the vessel did not have the appropriate certificate to operate the boat – an offense under the Shipping Act.

This breach was considered minor, as the captain of the boat had the required certification, but did not secure this certification with Maritime New Zealand as required by the new legislation, therefore his certification was deemed invalid.

The investigation also revealed that the company had failed to take all reasonably practicable steps to protect both the crew and members of the public, by failing to put in place an adequate procedure for recording movements.

The company pleaded guilty to both counts, which together carry a maximum fine of $600,000.

Company counsel argued that there was no direct link between the lack of an adequate movement reporting system and the eventual grounding of the vessel.

However, acting on behalf of the Crown, barrister Sarah Murphy said a modified or improved voyage report procedure to include a telephone call could have helped determine if the ship was in trouble sooner.

Murphy argued that the company should be required to pay the costs associated with the lawsuit – a sum of $15,000, equal to half the total cost of the lawsuit.

Both lawyers agreed that the company’s failures fell into the less serious category of offences.

In his reserved decision released on Tuesday, Judge Mabey found there was no causal link between the failure to have proper trip reporting procedures and the collision.

He also concluded that both counts could be considered very minor health and safety violations, and decided not to fine the company.

However, Judge Mabey found that an order to pay costs was not unreasonable, but that the company’s insolvency status made it unworkable.

The company was found guilty on both counts, but acquitted without penalty.