James Petrie Thomson in the Auckland District Court for last month's sentencing hearing. Photo: RNZ/Nick Monro
The skipper of a power boat who crashed into a passenger ferry in the Bay of Islands has been ordered to pay his victims more than $130,000 in reparations.
Auckland man James Thomson was driving a power boat near Russell at more than 20 knots on 13 April last year when he struck the historic ferry Waitere with 19 people on board.
The power boat, the 9.8m Onepoto, struck the Waitere, also known as the Blue Ferry, side-on.
The Onepoto's bow penetrated the wheelhouse and leaving the ferry skipper, Bill Elliott, with critical head and spinal injuries.
One passenger was thrown into the water while others received minor injuries.
The 90-year-old wooden ferry sank about two hours after the collision.
Thomson had earlier pleaded guilty to one charge of operating a vessel dangerously and appeared for sentencing in the Auckland District Court on 17 June.
In a reserved sentence released on Tuesday, Judge Nick Webby ordered Thomson to pay his victims emotional harm reparation of $128,000 and consequential loss reparation of $3200.
Thomson told the court he had been distracted by an engine alarm sounding from a display unit next to the helm, and had failed to see the Waitere approaching from his starboard side.
He was travelling in open waters at about 20.5 knots at the time.
Passengers from the badly damaged Waitere are transferred to another ferry to bring them back to shore. Photo: Supplied
The prosecution was brought by Maritime New Zealand with the charge of operating the Onepoto in a manner that caused unnecessary danger laid under the Maritime Transport Act 1994.
Maritime New Zealand manager of general regulatory operations Jason Lunjevich said it was a serious incident that could have been avoided.
"Our thoughts and sympathies go out to the skipper of the Waitere and his loved ones, and to other victims affected by this incident."
The salvaged ferry Waitere is towed to Ōpua for inspection by Maritime New Zealand investigators. Photo: Peter de Graaf
"Had the Onepoto skipper given full attention to keeping a look out for other vessels and hazards, and had he been travelling at a safe speed while dealing with the alarm, this incident and the injuries sustained from it could have been avoided," Lunjevich said.
"The message for other skippers is, it is your responsibility to stay alert for other boats, craft, swimmers and hazards. Staying alert and keeping a look out prevents collisions and the consequences that they can cause."
He acknowledged Thomson had expressed remorse and accepted responsibility for the incident by cooperating with the investigation and pleading guilty at the first opportunity.
Lunjevich also praised local emergency services, the harbour master, commercial maritime operators and bystanders who responded to the incident, rescuing the skipper and ferry passengers before the vessel sank.
The ferry's critically injured skipper is loaded onto the Northland Rescue Helicopter at Paihia School. Photo: Peter de Graaf
The Waitere, popularly known as the Blue Ferry, was salvaged two days after the sinking from a depth of about 8m between Russell and Paihia.
It was built in Picton in 1944 to take passengers between Tauranga and Mt Maunganui. When Tauranga's harbour bridge opened in 1988, it went to Auckland and then to the Bay of Islands.
It was deemed beyond repair when hauled out of the water at Ōpua boatyard.
The family of skipper Bill Elliott has since bought another historic wooden vessel, named Te Kuia, so they can continue their passenger ferry service.
The power boat, named Onepoto, is a US-built Boston Whaler 305 Conquest with twin Mercury 300-horsepower outboards, registered with the Royal New Zealand Yacht Squadron in Auckland.
A separate investigation by the Transport Accident Investigation Commission (TAIC) is continuing.
TAIC only investigates crashes the commissioners believe could have significant implications for transport safety in New Zealand, and aims to prevent such incidents happening again.
TAIC investigations generally take about 18 months to complete.
