Frantic Coastguard volunteers tried valiantly to launch their rescue vessel for up to 20 minutes through a sandbar as a man fought for his life in his upturned vessel on Tairua Bar. He later died.
The tragedy on January 5 – when the Tairua-Pauanui Volunteer Coastguard raced to assist a submerged, upside-down boat after it flipped on the bar – came after warnings to local authorities that urgent dredging was required for the Coastguard to launch at Royal Billy Pt Pauanui.
A man died two days after the January 5 accident, and two children who were on board were treated at Starship hospital, initially critical but stable.
The children have now woken from their induced comas.
Witness Paul Andrew of Hamilton said it was hard to watch the Coastguard's frantic efforts to get out and help.
"I watched the Coastguard try and get across the sandbar for approximately 20 minutes to attend the upturned boat. They were rooster-tailing water and had guys on the back and front, doing everything to get out. They deserve a medal for their efforts.
"But if they can't get out, how can they help?"
The responsibility for clearing sand in the immediate vicinity of its district boat ramps lies with the Thames-Coromandel District Council, which holds consent to dredge up to 2000cu m in the harbour.
The Waikato Regional Council Harbourmaster office is responsible for maritime safety and manages the risks to recreational boating, but this did not extend to undertaking physical works such as dredging.
A regional council spokesperson said it was not its responsibility to dredge the channel: "We are the consent authority and Thames-Coromandel District Council is the consent holder."
The district council last dredged in July last year.
District council operations manager Bruce Hinson said Coastguard and the regional council were involved in discussions last year and there was "acceptance and understanding of the situation, and the limitations in place" for dredging more than 2000cu m.
"Council staff will continue to meet with both parties to look at what options may be available in the future, to try and get the best outcomes possible within the dynamic coastal environment."
Coastguard Tairua-Pauanui president Andrew Gibson confirmed he put steps in place with Pauanui SLSC's highly trained IRB crew as Christmas crowds approached, aware of the potential for problems for boaties and Coastguard trying to launch at Royal Billy Pt.
Using an alternative public boat ramp at Pleasant Pt would take the Coastguard up to 40 minutes to reach the bar.
Coastguard attended another overturned boat on the bar on January 3. The Pauanui SLSC guards were first to the scene followed by their Emergency Callout Squad, and Coastguard retrieved the boat once able to launch.
Gibson said after the January 3 capsize, even more sand filled the sandbar off Royal Billy Pt as heavy surf rolled in.
Bach owner and boatie David O'Neill wrote to the district council and regional council warning them on November 22 that the Coastguard would not be able to launch if an emergency arose on or around low tide.
"The sad part of it is when I got the response from TCDC and WRC, I wrote back and said 'this could be a life and death situation'."
O'Neill's correspondence on November 22 to TCDC and WRC urged it was "absolutely vital" to dredge a channel, stating: "If I can't get my 5.5 metre boat in or out around low tide then there is no way the Coastguard would be able to even launch at low tide."
WRC regional harbourmaster Chris Bredenbeck replied the council was in contact with the district council and Coastguard in June when similar concerns were raised.
He said although it was inconvenient having to work around the tides at the Royal Billy Pt ramp, other ramps within the harbour were available to the boating public at low tide.
O'Neill then wrote again on December 1: "It's not good enough that the Coastguard can
use Pleasant Point or, for that matter, a slipway round at the waterways. As you would appreciate, time and speed is of the essence when it comes to a rescue, particularly if something occurs on the bar itself.
"I think that is the greatest concern and one that could potentially end in somebody dying because of the inability of Coastguard to respond in a timely way."
Pauanui boaties are questioning why the Resource Management Act emergency provisions could not be applied.
"They say one life is too many – why does this not apply to boating?" said witness Paul Andrew.
WRC responded that it doesn't have the ability to authorise the use of s330 of the Resource Management Act, as it was up to the district council to determine whether the situation meets the test in the Act and then follow due process.
"However, as TCDC already has a consent there would be no need to invoke the emergency provisions of the Act. Further to that, we have not previously seen the section invoked for navigation safety, so it is an unusual scenario."
Correspondence obtained by the Hauraki Coromandel Post shows another reason TCDC would not dredge is because it did not have money allocated to remove the amount of sand required to clear a channel.
A council staff member said the cost of $60,000-$100,000 to bring a cutter suction dredge from Auckland was an issue, and if the council did dredge, there was a very high possibility that given the location and current dynamics that this would infill again and require more dredging.
The TCDC staff member said the current situation was beyond the boat ramp channel and therefore it is up to the WRC to help as the authority responsible for navigational safety, or allow nature to take its course and clear by itself.
TCDC was investigating the feasibility of applying for a larger sand removal and deposition consent with WRC, but was only in the early stages of this so it was not applicable before the peak summer period.
Hinson said shorelines were dynamic environments and, in particular, the build-up of sand off Royal Billy Pt and in the channel could change dramatically from day to day, and throughout the year.
Paul Andrew, who watched the attempted rescue, said if it was a question of costs to dredge, he would happily donate or start fundraising for a solution.
"But it's a drop in the bucket to dig out the channel."
WRC say its Maritime Services team has erected signs on the nearby boat ramp alerting boaties to be aware of the sand banks at low tide.
Meanwhile police, with support from Maritime NZ, continue to investigate the circumstances that led to the tragedy, and this includes making inquiries on behalf of the coroner.
Andrew Gibson said boaties should listen to Coastguard radio's advisory service and many were choosing wisely to turn around and not cross.
"Even for experienced Coastguard volunteers, the Tairua Bar remains a treacherous bar, especially at or approaching low tide. Marine conditions can change quickly and with sand movement, crossing the bar can be different every time," Gibson said.
The advisory indicates whether the bar is:
Level 1: normal – free navigation.
Level 2: marginal – navigate with caution.
Level 3: not recommended – navigation is likely to be hazardous.
Coastguard advice
With record numbers of people on the water this summer and the drowning death toll significantly exceeding previous years, Coastguard is calling on all boaties to take a step back before setting out, making sure your vessel is prepared with all the correct safety equipment including PFDs/lifejackets suitable for everybody on board, you have two forms of communication, you've checked the weather for the duration of your trip and you've logged a trip report with Coastguard either via the Coastguard App, on VHF or by dialling *500.
You do not need to be a Coastguard member to log a trip report, it's a free service to all boaties.
For boaties crossing a bar, a specific bar-crossing service is available and logging a crossing report is just as easy as a trip report. The key differences are this can only be done by dialling *500 or on VHF radio. Logging a bar-crossing report means a "watch" is set on your crossing and a failure to close out the report will immediately activate rescue services.
This service is free to the boating public and saves lives every year with a recent rescue on the Raglan bar being the most recent example.
Since Christmas Day, Coastguard has responded to nearly 400 calls for assistance around the country.
"We are asking all water users to follow these basic safety measures and hold your friends and whānau to account so we can all enjoy a safe summer."
For Coastguard's full preparation checklist, including how-to videos, go to boatiesbestmate.nz.
The couple spend five months a year in America running their business.