Maritime New Zealand prosecuted South Taranaki Fishing Charters for offences under the Health and Safety at Work Act over the incident.
The company was convicted for failing to ensure the safety of those on board in the Whanganui District Court last month and ordered to pay a $10,000 fine, court costs of $26,000 and reparations of $17,000 and $13,000 respectively to the women.
South Taranaki Fishing Charter owner Peter Robins deeply regretted two of his five passengers on the day of the incident got injured.
“This should not have happened and we apologise for this.”
The company had learned from the incident and made changes to reflect this, he said.
Deverall said after being cooped up during Covid, on a nice day after lockdown restrictions were relaxed, the women thought why not go fishing.
“We decided, because the sea looks so beautiful, and fairly naively, if you like, I just thought, well, how about we go out on a fishing charter and see what happens?”
She said they didn’t know of the Pātea bar’s reputation, but did warn the skipper in advance they were inexperienced.
“We scarcely had a briefing about safety, but we did have life jackets on, and just before we went over the bar, the skipper said, ‘Oh, it can be a bit rough. You better brace’. So we braced, held on, if you like, to a bar while standing next to him.”
The agreed summary of facts said the passengers were given a “short and sharp” safety briefing, but it was not explained what a bar was or how passengers should use their legs to absorb any impact during the crossing.
They were also not asked to confirm they had understood the safety briefing or if they had any questions before proceeding.
Robins stopped the 7.5m runabout before the bar and explained to the passengers they would feel a crash as they went over the first wave and the main thing was to hold on.
Deverall said it was then the women, who paid $200 each for the charter, saw the wave.
“He called out, ‘watch out’. And it was just so dramatic. There were three other guys on the boat, other than the skipper. They were bigger burlier guys, they all held on, but we were flung and yeah, I hit the roof and the floor and hurt my lumbar area, which to this day still gives me trouble.
“And my friend was incapacitated for at least a year and a half afterwards, after needing shoulder surgery. It was fractured in three places in her humerus and shoulder.”
According to the summary of facts, conditions were not unfavourable for a bar crossing and there was no suggestion Robins crossed the bar in an unsafe manner.
After the crossing, the women were helped up and Weingott given first aid, her nose patched up, and later her arm put in a sling.
Neither woman, who the summary of facts acknowledge were in shock, asked to be taken back to shore at that point or afterwards, and the charter continued and everybody fished apart from Weingott.
Deverall said after they returned to shore about five hours later, she drove Weingott to Whanganui Hospital where a doctor, who after seeing the extent of her injuries and hearing of the circumstances of how they were sustained, urged her to contact WorkSafe.
She hoped their experience and prosecution of the charter company would serve as a warning to other operators and people considering paying for a fishing charter.
“I just hope people [charter operators] take more care about who they take out, when they take them out, and that they brief them properly.
“Because there wasn’t a hope in hell of either Selah or myself, who were quite strong people at the time, having held on with such a wave coming.”
Weingott also remembered the bar crossing vividly.
“I was bouncing up and down on the metal, on my nose, and bashing, bashing my arm and shoulder, getting thoroughly bruised. I couldn’t get up. Pete [Robins] actually helped me up, the skipper, and I was traumatised.”
She couldn’t believe the fishing trip continued.
“I was in denial or disbelief, and I just waited for the helicopter, or a lifeboat or something. I didn’t, I just couldn’t believe no one would come and save us.”
Her shoulder was fractured in two places and her arm just above the elbow.
Weingott had surgery about 10 months after the incident.
“There’s a big screw in a plastic shaft that runs through my elbow to my shoulder, and two metal balls replacing my shoulder.
“It’s weak. It’s a weak arm, and I’m kind of alienated from it. I was a very body conscious person before, and quite proud of my fitness. But, you know, it’s just a disaster.”
Weingott wished she’d done more research on the dangers of crossing the Pātea bar, but was also disappointed in the charter company.
“They should check the health and safety of their potential customers and, yes, there were life jackets, but they don’t stop you getting thrown around.”
She said the safety briefing was inadequate.
“You’ve got to hold on. It can get a bit rough. You’ve got to hold on, so that was said a couple of times. That was it.”
Maritime New Zealand’s general manager investigations, Pete Dwen, said charter operators must make sure passengers understood the nature of the trip, were assessed and received tailored safety briefings.
“Passengers should be given clear information about the risks involved in a bar crossing including how conditions can change and the physicality of the crossing.
“Operators also need to check the basic information that helps them assess suitability, such as a passenger’s experience on the water, age, medical or mobility issues, and swimming ability.
“Safety briefings must explain what passengers can do to keep themselves safe including how to brace, what movement to expect, and allowing people to opt out if they don’t feel comfortable.”
Dwen said in this case, those steps were not taken.
“The passengers weren’t told what they were about to encounter during the bar crossing, weren’t given instructions on how to brace, and weren’t asked the questions that would have helped the operator assess their suitability or give them the option to opt out.”
He said people should be able to enjoy their time on the water, but operators must take all reasonable steps to keep passengers safe.
South Taranaki Fishing Charters owner Peter Robins said the company had learned a lot from what happened on January 3, 2022 and as a result of the subsequent prosecution.
“The company is keen to share those lessons with other fishing or small charter boat operators to ensure we are all carrying out our operations in as safe a way as we can.”
Robins said Deverall’s and Weingott’s expectations of the trip and what they – and the charter company – believed they were capable of did not match their actual experience or capability.
The primary lessons the company had learned, and wanted other operators to know, were:
Provide in advance information about what passengers could expect on a trip. What conditions they might encounter, the hazards and level of strength or capability it might require. Don’t assume they would appreciate these things, even if they knew a bar crossing was involved or had crossed a bar previously.Operators should ask about passengers’ age, health/mobility status and prior experience, and exclude people not equipped to handle a trip because of these factors.A safety briefing prior to a bar crossing should include telling and showing passengers how to brace with their legs when the boat encounters a wave. It should be clear the passengers have understood.
Robins said South Taranaki Fishing Charters had made changes to reflect these lessons.
“The company has proudly operated for many years and carried out over 1000 charters. We will continue to operate and strive to ensure we do so in a safe manner.”
According to the agreed summary of facts, South Taranaki Fishing Charters had three prior incidents reported to Maritime New Zealand in May 2010, May 2015 and March 2021 involving passengers who were injured while crossing the Pātea bar.
The May 2010 incident involved a passenger who was over 65 years of age.
The company arranged for Coastguard assistance in respect of the 2015 and 2021 incidents.
South Taranaki Fishing Charters had never previously been convicted of health and safety breaches.
Meanwhile, Weingott regretted ever getting on the charter vessel.
“I’m on pain medication, and I don’t like that much. It changes who I am. And I don’t know that there’s a lot of options there. You know, you wake up with this thing.
“I can’t dress myself quickly. I can’t hang things up, it’s difficult getting out of the bath. There’s all sorts of stuff like that, because I don’t really trust my left arm.”