KEY POINTS:
A kayaker who was left in "bloody agony" when a senior member of the prestigious Royal New Zealand Yacht Squadron collided with him on Waitemata Harbour is unimpressed by the apology he's received.
Ross Albert Masters, 48, rear commodore of the RNZYS, has pleaded guilty in the Auckland District Court to failing to keep a proper lookout, and failing to consider the obligations of the vessel he was in charge of. He is believed to be the first person to be prosecuted for colliding with a kayaker.
Masters hit Auckland recruitment company owner Stuart Chrisp while steering a Squadron-owned powerboat travelling at 16 knots near Westhaven Marina last September. The 8m vessel, Squadron 2, was about 60m away from Chrisp's yellow kayak when the father-of-three waved his bright yellow paddle and shouted a warning.
"The defendant did not see Mr Chrisp or the kayak and ran over the kayak just behind the seat," according to the summary of facts presented to the court. "The back third of the kayak was severed."
Chrisp said: "I was under his boat, I am so lucky I wasn't sliced up by the two motors."
Chrisp said he thought his "life was over" and didn't think he would see his wife or children again. With severe bruising to his torso, and "unable to move in any way because my back locked up", he was rushed to Auckland Hospital and released six hours later.
In a letter last week, RNZYS Commodore John Crawford told Chrisp: "Now that the case relating to the accident that our vessel and yourself has been through the court system and judgment has been made, it is appropriate that we should write and express our deepest sympathy to you."
But Chrisp wanted to hear from the squadron earlier. "I don't know why they took so long to apologise - not even a bunch of flowers," he said. "They didn't want to accept blame. I'm really disappointed in their response."
Masters' prosecution - which followed a Maritime New Zealand investigation - was believed to be the first of its kind, said Crown prosecutor Alysha McClintock.
The sentencing judge said Chrisp had done "nothing wrong". It was the responsibility of Masters, in the more powerful vessel, to avoid crashing.
Masters, third-most senior member of the RNZYS, was ordered to pay Chrisp $1900 - $1400 in medical costs and $500 for emotional harm.
The judge applauded Masters' willingness to help Chrisp when he heard the "thump" under the boat, and praised him for his remorse. "You fished Chrisp out of the water and have continued to be concerned about his welfare," she said. "But everyone is entitled to use the water. The court cannot let this incident pass."
Masters said outside court that he did not wish to discuss his actions. But Commodore Crawford defended Masters, as "a friend", and said it was unlikely he would lose his 10-year membership of the squadron.
"He has been penalised more than adequately. It is much the like a speeding fine in a car - and we all cop those," he said. The club, which has an annual membership levy of almost $3000, was tightening rules about senior members being allowed to use squadron boats in their own time.
The squadron was once the home of the America's Cup and boasts members such as Cup skipper Dean Barker.
Auckland's deputy harbourmaster Jim Dilley said the court action was a wake-up call for boaties. New rules, implemented this month after three similar incidents in the past year, meant mariners must travel no faster than 12 knots in the inner harbour. Although in a "trial phase" the restriction could become a bylaw at the end of the year.
"Collision regulations clearly state that you must keep a proper and effective look-out and adjust your speed," Dilley said.
