Source: Maritime New Zealand
company’s failure to ensure health and safety policies and procedures were correctly followed played a key role in the tragic death of a passenger on a luxury charter vessel.
Zefiro Charters Limited was today sentenced in the District Court at Auckland for a breach of the Health and Safety at Work Act 2015, in relation to the death of Danielle Tamarua on 1 April, 2021, after she fell overboard off the Zefiro . At the time Ms Tamarua was on the vessel with work colleagues on a trip around the Hauraki Gulf.
Maritime NZ’s General Manager Investigations, Pete Dwen says the company had been operating the Zefiro for 17 years, and it had policies and procedures in place to keep passengers safe while it was underway.
“Tragically these procedures were not followed on 1 April, 2021,” he says.
In accordance with the Maritime Operator Safety System, Zefiro Charters’ was operating under a Maritime Transport Operator Plan (MTOP). This plan identified various health and safety risks, including the hazard of passengers being on the bow of the vessel while it is underway. Ultimatley, the company failed to ensure the systems and processes in the MTOP were properly implemented and enforced on board.
“All crew members are meant to know, understand and enforce the health and safety procedures on the vessel.
“The MTOP plan also covered a safety briefing which stated passengers were not allowed on the bow, side decks or the duckboard (the very rear of the boat) while it is underway.
“Some crew were unaware it was a policy for the vessel,” Mr Dwen says.
There was also a lack of a physical barrier for the passengers indicating the no-go areas.
Prior to Ms Tamarua falling overboard, the vessel was returning to berth, and weather conditions had worsened. Ms Tamarua had gone up to the bow of the vessel with another passenger.
“When returning to go back inside the vessel, Ms Tamarua slipped and fell overboard. She was struck by the vessel and died, despite the efforts to save her.
“If the prescribed health and safety procedures were followed, this incident would have likely been avoided,” Pete Dwen says.
“This should have been a fun day out on the water. This incident is a horrific example of what can go wrong when a company fails to ensure health and safety procedures are followed.
“I want to offer our sincere condolences to the family and friends of Ms Tamarua, as well as those on-board the Zefiroon 1 April, 2021.
“I also want to thank the emergency service personnel who responded quickly and professionally to a very difficult situation,” Pete Dwen says.
Sentencing notes what happened in the District Court at Auckland
– Following a plea by notice, Zefiro Charters Limited was convicted on one charge under s 36(2) of the Health and Safety at Work Act 2015.
– Judge Thomas described the culpability as amounting to a significant breach and indicated he would have had no hesitation in imposing a significant fine in the hundreds of thousands of dollars.
– However, due to the limited financial means of the company, Judge Thomas ordered emotional harm reparation of $140,000 (to be apportioned between the victims) only.
