12 May 2023

Transport safety watchdog calls for regulation of recreational boats and their skippers

4:19 pm on 12 May 2023
Manukau Harbour

A TAIC investigation into a fatal capsizing on Manukau Harbour in 2021 has recommended the Ministry of Transport consider compulsory licencing and education of skippers. Photo: RNZ / Jessie Chiang

An investigation into a fatal capsizing on Auckland's Manukau Harbour two years ago has found three people who died probably would have survived had they been wearing lifejackets.

The Transport Accident Investigation Commission (TAIC) found it was also likely the skipper's ability and judgement were impaired by alcohol.

It found the boat, which sank and was not recovered, may not have had enough floatation to remain buoyant after it flipped.

Only one of four people onboard the recreational fishing trip survived when the boat they were in flipped while crossing the hazardous Manukau Bar in October 2021.

Chief commissioner Jane Meares says preventable accidents contribute to the country's average of 16 boating deaths each year and is calling for the government to regulate recreational boats and their skippers.

Anyone can skipper a boat and boats are not required to be registered.

"The ongoing reluctance by lawmakers, policy makers and regulators to implement such a system is a tacit acceptance that every year around 15 to 20 recreational boaters die as a result of their own actions," Meares said.

The commission would like to see recreational boats built and maintained to a standard and skippered by people who had proved they could be safe skippers.

"Right now, none of that happens; anyone can skipper a recreational boat - even with no safe boating skills and no understanding of their responsibilities for the lives of people on board," said Meares.

Although the skipper in the fatal October 2021 accident had about 20 years' experience as a recreational boat owner, he did not have any formal maritime qualifications.

Meares said the skipper had crossed the Manukau bar at least 100 times, but on the day of the capsize a series of steep, breaking waves swamped the boat, its engine lost power, and it flipped and sank.

One of the people onboard called 111 and a rescue helicopter and two nearby private vessels responded, recovering all four from the water.

None wore lifejackets and three died at the scene.

The commission found the accident happened because the boat was taken into the hazardous waters of the bar, at risk of broaching and swamping, rather than via the safer Southern Channel.

It recommended that the Ministry of Transport consider compulsory licencing and education of skippers, and that it reconsider regulating recreational boats to bring New Zealand into line with international best practice.

Mears said introducing changes would help reduce the likelihood of similar accidents in future.

"For example, [in] the case of this accident, safe skippering would have meant having more food and less alcohol on board; and a better decision about the homeward route would have made the accident less likely," she said.

"Even if the accident still happened, good lifejackets, worn properly, would have kept their heads above water, and with less alcohol in their systems their survival chances in the water would have been better."

Coastguard New Zealand wants wearing lifejackets on small boats made mandatory.

Chief executive Callum Gillespie said a proposed change to legislation to do this should be treated with urgency.

"There is a proposed change to legislation with government which would make the wearing of lifejackets to be mandatory in boats under six metres," he said.

"We strongly support swift action on this as there are inconsistencies across Aotearoa and there are two many people dying on the water on days that should be about creating happy memories, safely."

He said Coastguard New Zealand supported encouraging education in the boating community and will work constructively with the ministry and Maritime NZ.

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