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Source: Maritime New Zealand

An enforceable undertaking between Maritime NZ and a South Island fishing company and its director is funding training to help reduce the number of collisions involving watch keeping failures.

The enforceable undertaking with the fishing company Pegasus Fishing Ltd and its director, Antony Threadwell, follows a collision outside the entrance to Lyttelton in January 2020 between a 180-metre bulk carrier, Rose Harmony, and a 24-metre fishing vessel, Leila Jo, operated by Pegasus.

The $175,000 undertaking will fund watch keeping training at the Westport Deep Sea Fishing School and online through Guard Safety.

Pegasus has also paid reparations to crew on Leila Jo, funded additional training for some of its crew and skippers and installed new intercoms and radar on its vessels.

In addition it is providing vessels and crew to take part in Westpac Rescue Helicopter training exercises and will make a donation to Coastguard Sumner for new equipment. 

Maritime NZ Investigation Manager, Pete Dwen, said a watchkeeper’s role is to monitor for risks.

“Vessels should ensure someone is always on watch in that role.”
The incident occurred when Leila Jo was returning from a two-day fishing trip and Rose Harmony was leaving Lyttelton Port.

Leila Jo’s watchkeeper left the vessel’s bridge unattended before the two vessels collided and crew on the Rose Harmony did not take the necessary actions when they observed the potential for collision.

The two vessels were travelling in different directions when they collided and both failed in their watchkeeping duties.

“Leaving a vessel’s bridge can, and in this case did, result in a collision,” Mr Dwen says.

A copy of this enforceable undertaking, and information about enforceable undertakings, is available below.

Enforceable undertakings

Editor’s note:

An enforceable undertaking is an agreement between Maritime NZ and a duty holder made under the Health and Safety at Work Act 2015 (HSWA).
It is entered into voluntarily by the duty holder following a breach (including an alleged breach) of HSWA and, once in place, is legally binding.

It is generally used as an alternative to prosecution. It is generally used as an alternative to prosecution. It must include appropriate amends to victims and commitments that would promote health and safety at that work place, and the wider industry and the community.

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