Maritime New Zealand says the convictions of the widow of the ill-fated Easy Rider skipper should send a strong message to fishing industry operators.
The Easy Rider as it prepared to leave Bluff. This picture was taken by a family member. Photo: SUPPLIED
At the Invercargill District Court on Wednesday, Gloria Davis was found guilty of three charges under the Health and Safety in Employment Act and the Maritime Transport Act.
Her husband and skipper of the boat, Rewai Karetai, was one of eight people who drowned when the vessel was swamped by a rogue wave in Foveaux Strait on 14 March 2012.
Ms Davis was the sole director of AZ1 Enterprises Ltd, which owned the boat.
She said her husband handled the day-to-day running of it, but Judge John Strettell said Davis should have ensured that she'd taken all practicable steps to avoid harm to those on board.
Judge Strettell said Ms Davis knew that her husband would skipper the voyage, even though he lacked the formal qualifications to do so, and knew he was taking six passengers when the vessel's certification allowed none.
In a written statement, the director of Maritime New Zealand said the verdicts should send a strong message to operators in the fishing industry and, given what Davis had already suffered, prosecuting her was not done lightly.
However, Maritime New Zealand said the sinking was the worst maritime disaster in terms of lives lost since the Wahine, and it was very important action was taken that reflected the extent of harm and the responsibilities of those operating in the maritime sector.
Fifty-one people died when the Wahine sank near the entrance to Wellington Harbour in April 1968.
The company owned by Gloria Davis and Mr Karetai was found guilty of the same charges. Davis and AZ1 Enterprises Ltd will be sentenced at a later date.
Gloria Davis was found guilty of the following charges:
- Section 68(2) Maritime Transport Act 1994
- Section 65(2)(a) Maritime Transport Act 1994 and s66 Crimes Act 1961
- Section 50(1)(a), s56(1) & s18 Health & Safety in Employment Act 1992
In that she operated the ship Easy Rider knowing that a current maritime document namely a master holding a skipper's certificate was required before it could be lawfully operated and knowing that the appropriate skipper''s certificate was not held.
Maximum penalty: 12 months in prison OR $10,000 fine
In that she caused or permitted the ship Easy Rider to be operated in a manner which caused unnecessary danger or risk to the persons on board.
Maximum penalty: 12 months in prison OR $10,000 fine
In that she as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that company as principal to take all practicable steps to ensure that no contractor or subcontractor was harmed while doing work on board Easy Rider that he was engaged to do.
Maximum penalty: $250,000 fine
AZ1 Enterprises Ltd was found guilty of the following charges:
- Section 68(2)(a) Maritime Transport Act 1994
- Section 65(2)(a) Maritime Transport Act 1994
- Section 50(1) & s18 (1)(b) Health and Safety in Employment Act 1992
In that it operated the ship Easy Rider knowing that a current maritime document namely a master holding a skippers certificate was required before it could be lawfully operated and knowing that the appropriate skipper's certificate was not held.
Maximum penalty: $100,000 fine
In that it caused or permitted the ship "Easy Rider" to be operated in a manner which caused unnecessary danger or risk to the persons on board.
Maximum penalty: $100,000 fine
In that as principal it failed to take all practicable steps to ensure that no contractor or subcontractor was harmed while doing work on board "Easy Rider" that he was engaged to do.
Maximum penalty: $250,000 fine
