The Auckland based charter boat operator Zefiro Charters Limited has been ordered to pay NZ$140,000 by a district court after a fatal incident in which a 25-year-old woman died.
The court was told that Danielle Tamarua and her work colleagues were guests on board the luxury charter boat Zefiro for a trip around the Hauraki Gulf on April 1, 2021.
However, the day of fun and swimming ended when Danielle slipped and fell overboard and was struck by the vessel, subsequently dying of her injuries.
The court heard Danielle’s leg was struck by vessel’s propeller and suffered severe lacerations. Her left leg was completely severed just below the hip.
The charter company had been charged by Maritime New Zealand for failing to ensure health and safety policies were correctly followed, which played a key role in Danielle’s death.
Health and safety risks
Maritime New Zealand investigations general manager Pete Dwen said that while the company had policies and procedures in place under the Maritime Transport Operator Plan (MTOP) to keep passengers safe, they were not followed on the day of Tamarua’s death.
The plan identified health and safety risks, including the hazard of passengers being on the bow of the vessel while it was underway.
However, the company failed to ensure these systems and processes were properly implemented and enforced on board.
“Some crew were unaware it was a policy for the vessel,” said Pete who added that if the health and safety procedures been followed, ‘this incident would have likely been avoided’.
Maritime NZ also noted there was a lack of physical barrier for the passengers indicating the ‘no-go’ areas.
The court was told by the judge that Zefiro Charters Ltd’s culpability amounted to a ‘significant breach’ and indicated he would have had no hesitation in imposing a significant find in the hundreds of thousands of dollars.
However, due to the limited financial means of Zefiro, the company was ordered to pay an emotional harm reparation of $140,000 to be apportioned between the victims.
Zefiro had been operating the vessel for 17 years.
