The Transport Accident Investigation Commission has published its final report on the collision of a recreational boat with the Blue Ferry in the Bay of Islands on April 13, 2023.
Watchkeeping standards not providing safe navigation, a distracted skipper and speed are among the contributing factors to a 2023 boat collision in the Bay of Islands, the Transport Accident Investigation Commission (TAIC) has found.
The ferry was carrying 19 passengers from Russell to Paihia when the Onepoto impacted the Waitere at a right angle near the wheelhouse, causing catastrophic damage to the Waitere, which later sank.
Three separate investigations – by police, Maritime NZ and TAIC were launched and today TAIC published its final report, which included four reasons why the accident happened:
Watchkeeping standards on both vessels did not provide safe navigation and it is virtually certain that they contributed to the accident.
The skipper of the Onepoto was distracted by a non-critical engine alarm. As a result, they did not keep a proper lookout and did not see the Waitere crossing in front of them. Once the skipper of the Onepoto noticed the Waitere, they were too close to take action to avoid the collision.
The skipper of the Onepoto was navigating the vessel at 20.5 knots. Had it been travelling at a safer speed for the conditions, it is very likely that either the collision would have been avoided or the consequences of the collision would have been reduced.
The master of the Waitere did not see the Onepoto until it was about five metres away, and they did not have enough time to take action to avoid the collision.
The commission’s chief investigator of accidents, Naveen Kozhuppakalam, says the report highlights how vital it is that commercial passenger and all other marine operators have a safety management system that’s fit for purpose.
“Among the risks to passengers that the ferry operator overlooked was the risk of the sole-charge master being incapacitated – which was an unfortunate consequence of this accident.
“The operator’s safety plan also didn’t detail watchkeeping procedures and keeping a good lookout, and it contained ambiguous, irrelevant and inaccurate information.”
The report notes that before the accident, regulator Maritime NZ didn’t detect these problems, and that since the accident Maritime NZ has renewed its focus and engaged more deeply with operators on certification and audit of Maritime Transport Operator Plans.
“Every skipper is human and no skipper can be sure everything is fine on another vessel. When vessels are getting closer, regardless of who should give way, both skippers must look, listen, and think about risk of collision. They must keep doing that until both vessels are getting further apart,” Kozhuppakalam said.
“Almost certainly, neither skipper kept a proper watch. Both did eventually see the other vessel, but too late to take avoiding action.
“This was a crossing situation. Onepoto was heading north at about 20.5 knots and Waitere was heading southwest at about 6 knots on the right side of Onepoto, so under the rules, Onepoto should have given way to Waitere.
“Speed is a crucial part of this. Every skipper should ensure their speed gives them time to keep track of the risks and be able to stop in a safe distance if required.
“The commission found Onepoto was moving at 20.5 knots while its skipper was distracted by an engine alarm. It’s important to attend to an engine alarm, but it’s more important to avoid a collision. If Onepoto’s speed had been appropriately slower it’s very likely the collision would have been avoided or its consequences diminished.”
There was no need for the commission to make a new recommendation on the issue of watchkeeping. The regulator, Maritime NZ, engages in sufficient promotion of good watchkeeping and lookout practices via safety audits, guidance publications, and prosecuting where the rules are breached.
Earlier this year, the Auckland District Court gave its reserved sentencing decision for the skipper of the Onepoto, James Thomson, following a sentencing hearing, two weeks prior, on June, 17, on one charge under the Maritime Transport Act 1994 relating to the collision.
At the time Maritime NZ’s manager of general regulatory operations in the Far North, Jason Lunjevich, said this was a serious incident that could have been avoided.
He said the message for skippers was “it is your responsibility to stay alert for other boats, craft, swimmers and hazards. Staying alert and keeping a lookout prevents collisions and the consequences that they can cause”.
Lunjevich acknowledged Thomson expressed remorse, and accepted responsibility for the incident by cooperating with the investigation and pleaded guilty at the first opportunity.