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Skipper who crashed into Northland ferry ordered to pay more than
$130k to victims
(HTM) Source
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By Peter de Graaf of RNZ
**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.
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."
"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 _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.
RNZ
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