Company to pay over $260,000 after boat collision

DEREK FLYNN

Police and Transport safety investigators examine the damage to the ex Navy Inshore Patrol Vessel that was run into by a New Zealand King Salmon Company boat the "Shikari"

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New Zealand King Salmon has been ordered to pay fines and reparation of more than $260,000 following a boat accident near Picton that killed two of its employees.

The company pleaded guilty to four charges following a Maritime New Zealand (MNZ) investigation into the accident on June 20 last year.

The skipper of the boat and manager of the company's Te Pangu salmon farm, Anton Perano, was killed in the accident along with fellow employee Troy Climo.

Maritime NZ lawyer Dale La Hood said the six-metre Shikari was estimated to be travelling at 23 knots in an area where the speed limit was five knots.

He said Mr Perano "appeared to be texting" prior to the accident and did not see a 91 tonne, former navy inshore patrol vessel moored in the bay until too late.

He was seen twisting the steering wheel just a moment before the impact with the larger vessel.

New Zealand King Salmon (NZKS) lawyer Garth Galloway said Mr Perano was a very experienced skipper who travelled the Waikawa to Te Pangu route five times a week and potentially thousands of times over the previous 12 years.

The normal route was to dock at the eastern side of the bay but on June 20, at 3.55pm, he was heading across the bay to drop passengers off on the western side of Waikawa Marina.

"It was a momentary lapse from an employee who was experienced, well trained, responsible and well liked - for a momentary lapse there has been this dreadful accident with dreadful consequences," Mr Galloway said.

In addition to the two fatalities, several of the other four passengers were badly injured. One man had seven broken ribs, a ripped aorta, serious tendon injuries in his leg, broken clavicle and spine and he spent seven days in an induced coma. He has since returned to work for NZKS.

Another man suffered six broken ribs, broken arm and teeth.

The company pleaded guilty to four charges, the most serious being failure to take all practicable steps to ensure the safety of employees under the Health and Safety Act, for which it was fined $60,000.

The vessel was six days overdue on its Safe Ship Management Certificate, resulting in a $3000 fine.

The company was also fined $3000 for failing to ensure Mr Perano had an up-to-date Local Launch Operator Certificate. It was 12 days overdue.

The final charge was operating a ship in a manner causing unnecessary risk or danger to others. Judge Chris Tuohy said the company was liable for the actions of its employees and convicted and discharged it on that offence.

Judge Tuohy ordered reparation of $60,000 be paid to each of the families of the deceased and $20,000 to each of the survivors, minus what had already voluntarily been paid.

The company has already paid out more than $120,000 in reparation to the injured survivors and the families of the two deceased.

Judge Tuohy gave NZKS credit for its early guilty pleas, its genuine remorse and practical steps to help the victims and their families, its previously clean record and the safety steps it had since taken.

After the sentencing, MNZ general manager of maritime safety systems Sharyn Forsyth said lessons learned from the tragedy reinforced the importance of skippers maintaining a proper lookout at all times - and of vessel operators ensuring all safety certification for vessels and skippers was kept up to date.

"The dangers of excess speed, failing to keep a proper eye out for hazards and driver distractions such as cellphones are just as relevant on the water as on the road - perhaps even more so, as unlike a car, there are no seatbelts, air bags, crumple zones or other safety equipment on board small vessels like these."

-NZPA