Quickcat was a fast ferry enroute from Waiheke & Doctor Hook was a fishing charter boat which failed to see the ferry approaching until too late – it was run into seriously injuring the skipper & 6 passengers – 1 dying in hospital from injuries.
Visibility was good with variable winds.
Both vessels failed to keep a proper look out.
Maritime Rules involved – Rule 22.5 Look-out.
Rule 22.6 Safe speed
Rule 22.7 Risk of collision
Rule 22.13 Overtaking
Rule 22.17 Action by stand-on vessel
MTA 1994, sec65 Dangerous use
Health & Safety in employment Act 1992
Conclusions – both failed to keep a proper look-out
Quickcat being the overtaking vessel, failed to keep clear of Doctor Hook who failed to take action when the actions of Quickcat alone were insufficient.
Both were prosecuted on charges under MTA 1994 sec 65.
Quickcat pleaded Guilty, Dr Hook was found Not Guilty.
Fullers who owned Quickcat were severely censured for not minimizing visual impairments obstructing the helmsman .
This case with serious damage, injury & death compares with the irrational prosecution of a “No damage, No injury” incident, artificially created by M Pigneguy, resulting in Bolton's criminal conviction & the most punitive fine, in MNZ history for such an incident, of $4000 plus $1356 costs. See more at www.maritimenz.com