29 Sep 2023

Date set for trial over Enchanter fishing boat tragedy

5:24 pm on 29 September 2023
Part of the Enchanter fishing vessel which sank off the North Cape.

The Enchanter capsized after it was hit by a large wave near North Cape last year. Photo: Supplied / Auckland Rescue Helicopter Trust

The trial of a Far North man and his business over the Enchanter fishing boat tragedy will take place in Whangārei next May.

The Enchanter capsized and broke apart when it was hit by a large wave off Murimotu Island, near North Cape, on March 20 last year.

Skipper and owner Lance Goodhew survived, along with a crewman and three passengers, but five other men died in the tragedy.

The charter boat was returning from a fishing trip to the Three Kings Islands when it ran into rough weather.

Both Goodhew and his company, L&M Go0dhew Ltd, were charged with breaching the Health and Safety at Work Act, while the company also faces a charge of breaching the Maritime Transport Act.

A case review hearing was held in the Whangārei District Court today to settle the date and location of what is expected to be a complex, 15-day trial.

The wreck of the Enchanter on the beach at Houhora Heads, Northland, following the second salvage attempt.

The remains of the Enchanter. Photo: Supplied / Transport Accident Investigation Commission

Judge Philip Rzepecky said trials were normally held at the court closest to where the incident took place, which in this case would be Kaitāia.

However, Kaitāia's only courtroom was used daily for many different court hearings, so holding a 15-day fixture there would cause significant delays and inconvenience.

It could also delay the start of the trial, he said.

Defence counsel Fletcher Pilditch said Goodhew's preference was for a Kaitāia trial but his priority was for it to start as soon as possible.

Judge Rzepecky set a start date of 6 May in Whangārei with an expected end date of May 28.

While there was great interest in the case in Northland, Judge Rzepecky said many of the witnesses would have to travel from outside the region so holding the trial in Whangārei instead of Kaitāia would not cause more difficulty overall to participants.

Judge Rzepecky also set a pre-trial hearing date of 27 October in Whangārei to discuss matters relating to disclosure and amending the charge laid against Goodhew.

In a separate investigation completed last month, the Transport Accident Investigation Commission (TAIC) made a raft of recommendations aimed at preventing similar tragedies in future.

That report found problems with New Zealand's search and rescue operations with, for example, a lack of helicopter fuel in the Far North delaying the second rescue attempt by four and a half hours.

TAIC called for better application of existing maritime rules, new rules about access to lifejackets, tracking devices for commercial boats, more search and rescue training, dedicated search and rescue aircraft for remote operations, and better fuel storage in remote areas.

The five men who died were aged between 41 and 72 and were from Cambridge and Te Awamutu.

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