McCutcheon had set sail from Hobsonville marina with a friend.
That same afternoon Seaflyte - a 22m catamaran with a capacity of 208 passengers and crew - departed from Auckland Basin on a scheduled service for Bayswater Marina. At the time it was carrying two passengers and three crew.
As the vessels approached each other McCutcheon's vessel - Roa - had Seaflyte on its starboard side and was therefore obliged to give way.
When McCutcheon did not give way Seaflyte was then obliged to take all action necessary to avoid a collision.
The master of Seaflyte did not see Roa until it was about 15m away, when he put Seaflyte's engines into full reverse to try to avoid a collision.
His efforts were unsuccessful, and the vessels collided at about 8.13pm off Princess Wharf.
No one was hurt but there was extensive damage to Roa.
Following the collision the master of Seaflyte contacted Auckland Harbour Control, reported the incident, and helped McCutcheon and his passenger.
McCutcheon was charged under the Maritime Transport Act.
At sentencing, Judge Singh said a fine of $4300, would have been appropriate. However, he then acknowledged McCutcheon was an undischarged bankrupt and would be unable to pay a fine.
Maritime NZ prosecuted both skippers in relation to the collision. The skipper of Seaflyte pleaded guilty in relation to his role in the incident and was fined $2000 in May.