9:31 am today

Politicians divided over whether boating rules are fit for purpose

9:31 am today
Skipper Travis Whiteman.

Skipper Travis Whiteman. Photo: RNZ / Libby Kirkby-McLeod

Two lawmakers have expressed different views on whether New Zealand's boating rules are fit for purpose.

But the rules look unlikely to change anytime soon.

On Wednesday in the Thames District Court, skipper Travis Whiteman was sentenced and fined for careless operation of a vessel under the Maritime Transport Act 1994 after two women were struck by a spinning boat propeller.

Outside the court, the mother of one of the victims told RNZ that legislation needed to change to ensure skippers were not drinking while in charge of a vessel.

Unlike when driving a car, there is no blood alcohol limit for drivers of a recreational boat.

A police breath test of Whiteman three hours after the incident occurred returned more than 250 micrograms of alcohol per litre of breath, the limit for driving on New Zealand roads.

Associate Transport Minister James Meager has responsibility for maritime issues and said the two situations did not have comparable risks which is why they were not treated the same way under the law.

"When it comes to safety on the water it is the reality that the risks are somewhat lower," he said.

Meager said he was always open to looking at whether rules should be strengthened, but it was not something he had looked at.

"It is always a trade-off and that assessment of what is the risk."

MP of Te Tai Tonga Tākuta Ferris grew up on the sea and had owned his own boat since his early 20s.

He told RNZ the risks on the water were high, possibly higher than on the road.

"It's not like having a little accident in a car where you can just step out on the side of the road and have a rest, you know if you tip your boat up or you come into trouble out on the water you could be treading water, just like that," he said.

Despite the risk, anyone can buy a boat, the boat can be in any condition and does not need a warrant of fitness, the skipper does not require any training or license, and there are no alcohol limits.

Ferris said he did not even like his passengers to be drinking out on the water.

"I don't even like drinks being on my boat because I don't want to have to deal with a drunk person while I'm on the boat on the sea because that's just another distraction."

Ferris joined the voices calling for tighter rules for skippers.

Parliament justice select committee chair James Meager and his team considered more than 10,500 submissions including from Northland on the Government's signalled Māori wards law changes.

Associate Transport Minister James Meager. Photo: NZME via LDR

Meager said parliament was currently considering a member's bill which would expand the rules around life jackets for children and the government was focused on people staying safe on the water.

But he said any rules need to be enforceable.

"You can have these rules in place, but how would you then go about enforcing say breath-testing limits and impairment tests on waterways?" he said.

He thought the cost of any such changes would be high.

"While we are still very, very keen on protecting public safety, it might not have the trade-off which is worth the cost of doing that."

Meager said if there was a significant case for change, he would be open to looking at it.

But, as the responsible minister, he said he had not come across the issue before RNZ raised it with him.

Sign up for Ngā Pitopito Kōrero, a daily newsletter curated by our editors and delivered straight to your inbox every weekday.

Get the RNZ app

for ad-free news and current affairs