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The father of two children who drowned when trapped in a sinking boat on Anzac Day is to be charged under maritime law.
Police earlier decided against laying criminal charges.
Maritime New Zealand (MNZ) announced today that the skipper of the boat, Lindsay Rowles of Auckland, would be charged with operating a vessel in a manner causing unnecessary danger or risk.
His children Erina, eight, and Travis Rowles, five, were trapped when the 7.3-metre launch sank stern first in the Hauraki Gulf near Tarahiki Island (also known as Shag Island) about 2am on April 25.
Four adults, including the children's parents Lindsay and Tania Rowles, escaped and sat on rocks for nearly five hours before they were rescued.
The bodies of the children were recovered soon after the adults were rescued.
MNZ director Catherine Taylor said today the "difficult decision" to lay the charge had been made after careful consideration of all available evidence and after receiving independent legal advice, which confirmed there was a case to answer.
"Cases involving any death - especially those of young children - are the toughest we ever have to deal with, and any decision to prosecute someone, particularly someone who has lost family members, is one of the most difficult we have to face," she said.
"However, we believe we would be failing in our duty as a safety regulator...if we did not take appropriate action when we believe that safety has been seriously compromised."
Ms Taylor said the MNZ investigation highlighted concerns including the failure by the skipper to conduct basic pre-launch safety checks, poor general operation of the vessel, and a general lack of responsibility shown by all the adults on board.
She said the incident was a tragedy and that the decision to take legal action had not been taken lightly.
Police investigated charging the parents but decided last month not to after legal advice.
Detective Senior Sergeant Simon Scott said at the time: "In the whole circumstances it was appropriate we shouldn't lay any charges. It is a tragedy no matter (which) way you look at it."
- NZPA
