Maritime New Zealand informed that Auckland Jet Boat Tours Limited has been fined a total of $25,000 and ordered to pay $5000 in reparation after admitting Illegal and unsafe maritime practices. In addition, Director Julian Frank O’Neil has been convicted and ordered to conduct 275 hours of community work.
Auckland District Court indicated that a fine of $79,687.50 would have been appropriate on one charge but reduced this to $20,000 because of the company’s financial position. On a second charge the company was fined another $5000. Mr/ O’Neill was also convicted and discharged on the basis of his financial position.
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According to Maritime NZ Northern Regional Manager Neil Rowarth, the company had operated an uncertified jet boat and falsified its logbook, while a passenger had her collar bone broken in an accident on the boat. The incidents took place in December 2016 and February 2017.
Auckland Jet Boat Tours and Mr. O’Neill pleaded guilty to five charges, two under Health and Safety at Work Act 2015 (HSWA) and three under the Maritime Transport Act. They were sentenced in the Auckland District Court on 6 May 2019.
In addition, between 4 and 9 December 2016 Auckland Jet Boat Tours Ltd’s jetboat Livi Lightning was used without a certificate of survey for at least 12 trips on the Waitematā Harbour, carrying paying passengers. A certificate of survey is issued after a detailed safety inspection has been carried out, and all ships must have one to operate commercially in order to provide reassurance of the vessel’s safety.
On 9 December 2016 maritime officers detained Livi Lightning, and stopped it from operating until it had been inspected and a new certificate was issued. They reviewed the its documents and performed interviews. They discovered that the logbook was falsified to incorrectly state Livi Lightning had made only two training trips and two trips carrying passengers free of charge, when in reality it made several trips with fare-paying passengers.
For this reason, Livi Lightning was inspected by a shipping surveyor and a new certificate of survey was issued on 27 January 2017.
A month later, on 26 February 2017 Livi Lightning was used to provide tours on the harbour. As the ship did a planned spin a female passenger was thrown into the vessel’s side and her husband was thrown against her. The vessel’s Master was told the woman had hurt her shoulder.
The two passengers then changed places, another spin took place and the husband was also thrown into the side of the vessel causing severe bruising to his shoulder.
The Master then operated the vessel more moderately and returned to the Viaduct Marina.
The woman who had hurt her shoulder, sought medical attention and an x-ray indicated that her collar bone had been broken.
Maritime NZ has since followed up with Auckland Jet Boats Tours LTD. to make sure they operate safely. They were inspected on 22 February 2018 and then on 22 April 2018 to assure the ship is safe, and the vessel complies with safety system requirements.