By Al Williams, Open Justice reporter of 
Whale Watch Kaikōura has been prosecuted after two incidents in which crew members were injured. Photo: RNZ
A woman still has recurring nightmares years after falling down the open engine room hatch of a tourism vessel and suffering head injuries.
"I fell down a hatch, I was knocked unconscious and I woke up in hospital," she told the Christchurch District Court this week.
"I have noticed my nightmares occur when I am in pain. I have the same nightmare, falling."
In her victim impact statement, the woman said she wakes up shaking and the continued nightmares hinder her ability to sleep.
There had been changes in her personality; her confidence was low and she struggled to talk to people.
The woman was a crew member aboard Whale Watch Kaikōura's vessel Wheketere when, in December 2023, she was hosing down the deck.
As she moved backwards, she fell 2m into the engine room, suffering injuries to her head and arm.
"At the time of the incident, I was scared and alone. I had to get myself out of the hatch to get help."
She had since left the company but still worked on boats.
"I really struggle to get into hatches now. It's paralysing but I have to force myself to do it. It has been over a year but it still feels very present."
The woman said she considered herself lucky to come away from the incident without serious damage.
The court heard she was not the only crew member injured aboard the vessel.
In a separate incident, a worker fell into the water through a gap between the vessel and a gangway while refuelling in March 2024.
She had been moving a fuel hose while simultaneously stepping backwards and talking to another staffer.
The woman hit her head as she fell, suffering a concussion. She was in shock, unable to swim and had blurry vision.
The court heard the incident had a lasting impact on her. She thought she was going to drown and continued to have vivid dreams and flashbacks.
Whale Watch Kaikōura was subsequently charged with two counts of failing to meet its duties under the Health and Safety at Work Act by exposing workers to the risk of serious injury or death, to which it pleaded guilty.
Judge Gerard Lynch fined the company $246,500 and ordered it to make $5000 emotional harm payments to each victim.
After the sentencing, Maritime New Zealand said the decision to prosecute was made because the company had long been aware of the risks of falls but failed to put in place adequate physical controls.
"Instead, it relied on administrative measures such as staff awareness and communication, despite knowing that low-cost, practical safety improvements were available," a spokesperson said.
"Workers should not be exposed to serious risks when safer systems are reasonably practicable. This prosecution reinforces the responsibility all operators have to provide safe workplaces."
Whale Watch Kaikōura told NZME it accepted the court's outcome and that the incidents were unacceptable and it should have done more to prevent them from happening.
"While both incidents were non-fatal and resulted in no lasting physical injury, we recognise that any harm to our people is unacceptable. We are sorry these incidents occurred," the company's CEO and executive chairman Thomas Kahu said in a statement.
"Regardless of the sentence, our view is unchanged: we could have done more at the time, and we have taken steps to ensure we do better."
Kahu said the company has introduced targeted mitigations for the specific hazards involved and undertaken a company-wide review of its safety systems since the incidents.
"Improvements include revised operating procedures, additional competency training, strengthened oversight, and equipment/process upgrades across relevant areas," he said.
"We will continue to monitor and refine these measures. Whale Watch Kaikōura has historically maintained a strong safety record. Our ongoing priority is a safe workplace for every member of our team, every day."
* This story originally appeared in the New Zealand Herald.
