Coroner finds Kevin Hislop’s death was preventable, calls for better education for boaties

A lighthouse stands at Matiu - Somes Island, looking out over Wellington Harbour.

• Kevin Hislop, 72, drowned after a boat trip to Mākaro/Ward Island in January 2021.
• Coroner Katherine Greig found Hislop’s death preventable and called for better education for boat skippers.
• Maritime New Zealand supported the findings, emphasising the importance of the Boating Safety Code.

It was only Kevin Hislop’s third outing in the small boat he and a friend had recently bought online.

But sadly, the trip in January 2021 was also his last.

The 72-year-old wood burner installer from Lower Hutt drowned after embarking on a short trip with his friend to Mākaro/Ward Island, one of three small islands in Wellington Harbour.

They turned around when the sea got choppy, and both inexperienced, made a fateful decision to anchor the small boat incorrectly, which ultimately caused it to sink.

Hislop drowned but an existing serious heart condition which may have prevented him from being unable to remain afloat was a “significant condition” contributing to his death, according to Coroner Katherine Greig.

She said in her findings, which were released publicly this week, that Hislop’s death was preventable and has boosted the call for better preparedness and education among recreational boat skippers.

Coroner Greig has endorsed a recommendation from Safer Boating NZ that recreational boat skippers take, at a minimum, an online Day Skipper Coastguard Boating Education Course.

On January 24, 2021, Hislop and his friend, Boyd Ferris, went out in the small runabout they had bought jointly off Trade Me two weeks earlier.

The Marlborough Dart 401 GTR was powered by a 50-horsepower outboard engine.

Neither of the men were experienced with boats and they had only been out twice before since buying it.

Both were wearing inflatable personal flotation devices they had bought with the boat, but the coroner said Hislop had been wearing his under his clothes and may have had difficulty inflating it.

Mākaro/Ward Island in Wellington Harbour, where Kevin Hislop and Boyd Ferris had been heading in a small boat. Photo / Google

Around 2.30pm they launched the boat at Lowry Bay boat ramp at Wellington’s eastern harbour and headed towards Ward Island.

The weather was sunny with a northerly wind of about 25 knots, with a small wind-driven chop driving straight into Sunshine Bay.

The conditions prompted the men to turn around and head back. Hislop was steering and they decided to anchor just off Sunshine Bay, near Days Bay in Eastbourne.

The boat was swamped

Once the anchor was out, Hislop tied the anchor warp to the boat’s ski bar at the stern of the boat.

Ferris later said that this had the effect of pulling down the back of the boat and that, when a wave hit the boat, water came in.

They pulled up the anchor, by which time the boat was swamped and it had started tilting back.

Ferris managed to bail out six buckets before the boat started sinking and the men jumped off.

Hislop was only about a metre ahead of Ferris who saw him trying to hang on to the boat or a chilly bin that had been on the boat.

Ferris started to swim to the shore, which was the last time he saw his friend.

The coroner concluded that the method Hislop deployed in anchoring the boat from the stern inadvertently led to his death and imperilled Ferris’ life.

Just before 4pm police started getting multiple calls from the public who were watching the small boat sinking about 400 metres from shore in Sunshine Bay.

Emergency rescue services were deployed and the Westpac helicopter found Hislop floating in the water about 100 metres northeast of the capsized boat. The Coastguard recovered his body and began CPR as the vessel was towed to the Days Bay wharf.

CPR was continued by ambulance staff when the boat reached the wharf but Hislop did not respond and was declared dead at the scene.

Hislop’s wife, Diane, said that her husband was a strong swimmer as a younger man but, in the inquiry, she referred to his “very extensive heart history” and felt sure that jumping off the boat and into the water would have been a shock to his system.

Coroner Greig found that Hislop was “particularly vulnerable to sudden death” because of the state of his heart.

She said the events leading up to the boat becoming swamped, causing Hislop to jump into the water and then try to hold on were all stressful events.

“In all the circumstances, I find it more likely than not that Mr Hislop’s heart contributed to his death and was a significant contributory factor to why he drowned,” she said.

A preventable tragedy

She concluded that his death was preventable if the men had more knowledge and experience.

A senior constable who attended the scene and spoke to witnesses said anchoring the boat from the ski pole at the stern positioned the vessel’s stern against the wind and sea, which caused the boat to take on water and sink.

“I have received expert advice, that is that it is never safe to anchor a small to medium-sized vessel by the stern,” Coroner Greig said.

Maritime New Zealand raised further safety issues related to the circumstances of Hislop’s death, specifically, that the inflatable life vest he was wearing would not have provided him with buoyancy once in the water as it was incorrectly fitted under his clothing.

Hislop did not, or could not have inflated it once in the water, as it required active steps such as pulling a toggle.

MNZ said the steps required to inflate such a vest must be known and could easily be forgotten in a critical incident.

Coroner Greig said the responsibilities of boat ownership and use should never be underestimated or taken lightly.

“In New Zealand, use of recreational crafts is widespread and on average 18 people die each year on recreational crafts.”

She said the fatalities occurred most frequently close to shore on small powerboats, dinghies or inflatable boats.

The victims are overwhelmingly male and over the age of 45.

Maritime NZ supported the findings which confirmed its belief in the key safety messages that underlined all of its campaigns, namely the Boating Safety Code.

MNZ will now distribute the findings to all Safer Boating Forum members and their affiliates.

Tracy Neal is a Nelson-based Open Justice reporter at NZME. She was previously RNZ’s regional reporter in Nelson-Marlborough and has covered general news, including court and local government for the Nelson Mail.