Photo: RNZ / Dan Cook
A skipper has been ordered to pay more than $170,000 following the death of a passenger on a diving trip.
Zhenhua Yang was sentenced this week in the Auckland District Court after the death of a passenger while on a scuba diving trip in February 2020.
Yang was the skipper of the vessel.
The owner of the Erica set out from Westhaven Marina with eight passengers on board, including a number of experienced divers.
While on the trip, four people went diving near Billy Goat Point, off Motutapu Island, and re-surfaced approximately 20 minutes later.
Two of those in the water struggled to get back onto the vessel.
Yang then decided to reverse the vessel towards them to avoid nearby rocks, but he did not confirm it was safe before doing so.
He reversed without line of sight, unable to see the divers.
The propeller struck one of the divers, who suffered fatal injuries.
Yang was charged under the Maritime Transport Act for operating a ship in a manner that caused unnecessary danger to others.
He was sentenced and fined $5850. He was also ordered to pay just over $14,000 towards the costs already occurred for the victim's funeral.
The court also ordered Yang to pay $150,000 in reparation to three different parties connected to the victim.
Maritime NZ's investigations manager Pete Dwen said poor failings led to catastrophic results.
"Mr Yang did not keep an eye on the divers, allowed his vessel to drift and then decided to reverse, without confirming that people in the water behind the vessel were out of the way."
When the divers were trying to get back into the vessel, they were asked to swim to the side of the vessel.
"The location of the divers was not formally confirmed prior to the vessel reversing."
The death was a tragic example of what can happen when people made assumptions, Dwen said.
"Always check; the water is not the place for assumptions. In this instance Mr Yang ended up taking a life.
"Poor situational awareness and decision-making in this case led to catastrophic results."
