A Tauranga company has been found to have operated a charter boat without proper trip reporting procedures after it crashed into Mauao base track. Photo / NZME
A Tauranga charter boat company whose employee crashed one of its vessels into the base of Mauao after falling asleep has been convicted and discharged in the Tauranga District Court.
Tauranga Fishing Charters Limited appeared for sentencing before Judge Paul Mabey on January 26.
The company was charged with operating a motor vessel without qualified personnel and putting passengers at risk by not having an adequate trip recording system.
The charges stemmed from the company's main vessel running aground in late January 2020, after the captain of the vessel fell asleep at the wheel.
According to the summary of facts, the vessel left Tauranga Harbour for a day of fishing around 7am on January 31.
The captain of the 12-metre vessel, an employee of the company, had originally indicated the group would be returning to port around 6.30pm that day. The captain reported the planned return time to the owner of the company, Aaron Jones.
By 7pm, Jones had not received any communication from the vessel, deciding to text the captain to query what time he intended on returning.
The captain replied that the charter was running behind schedule, and he intended on returning to port around 11pm.
It was upon his return to Tauranga Harbour that the captain fell asleep and collided with the base of Mauao, near the base track at around 11.30pm that night.
After colliding with the rocks the captain initiated all safety procedures and abandoned the vessel. There were no injuries to crew or passengers.
The company also met all salvage requirements and covered costs incurred by the Bay of Plenty Regional Council.
An investigation was subsequently launched into the crash by Maritime New Zealand, which discovered the captain of the vessel did not have the appropriate certificate to be operating the boat - an offence under the Maritime Transport Act.
That offence was considered minor, due to the captain of the boat having the required certification, but failing to ring-fence that certification with Maritime New Zealand as is required under new legislation, therefore his certification was deemed invalid.
The investigation also found the company had not taken all steps reasonably practicable to protect both crew and members of the public, by failing to have an adequate trip recording procedure in place.
The company pleaded guilty to both charges, which jointly have a maximum penalty of a $600,000 fine.
The company's lawyer submitted that there was no direct link between the failure to have an adequate trip reporting system and the vessel's eventual grounding.
However, acting for the crown, lawyer Sarah Murphy said an amended or improved trip reporting procedure to include a telephone call could have gone some way to determine if the vessel was in difficulty earlier.
Murphy submitted that the company should be liable to pay costs associated with the prosecution - a sum of $15,000, equal to half of the total prosecution cost.
Both lawyers agreed that the company's failings fall within the least severe band of offending.
In his reserved decision released on Tuesday, Judge Mabey found that there was no causative link between the failure to have a proper trip reporting procedure and the collision.
He also found that both charges could be considered at the very minor end of health and safety-related offending, and decided against issuing the company with a fine.
However, Judge Mabey concluded that an order to pay costs was not unreasonable, but the company's insolvent status made that impractical.
The company was convicted on both charges, but discharged without sentence.
Audrey Wilson had repeated falls, a fractured arm and sepsis. She died in hospital.