Maritime NZ has revealed a whale likely caused a boat to capsize in Kaikōura last year, killing five people.
In September, members of the Nature Photography Society of New Zealand were onboard a chartered vessel in Goose Bay, near Kaikōura, when it overturned. Five people died after they got trapped and were exposed to petrol fumes.
They were Catherine Margaret Haddock, 65, and Susan Jane Cade, 63, of Lower Hutt, Diana Ruby Stewart, 68, Peter Charles Hockley, 76, and Maureen Patricia Pierre, 75, of Christchurch.
Just over a year on from the tragedy, Maritime New Zealand has released the findings of its investigation, which was undertaken by specialist investigators and was "complex and fulsome", according to Maritime NZ’s deputy director regulatory operations Deb Despard.
Despard revealed on Thursday Maritime NZ has decided not to take any prosecution action against any individuals, organisations or PCBUs.
"The survivors, families of the victims, and those involved have been informed of the decision not to prosecute any of the parties involved," Despard said.
The investigation involved visiting the scene, reviewing the conditions from that day, interviewing witnesses, commissioning an independent survey of the vessel, checking the safety equipment for the boat and collating and reviewing the operator’s documentation.
"The investigation looked at the potential cause for the vessel to capsize, the fuel leak and how the organisations and individuals involved managed their responsibilities," Despard said.
The investigation found the "likely cause" of what made the vessel capsize was a whale.
"After reviewing accounts from survivors, receiving feedback from witnesses in the area and technical analysis of the force required to cause a vessel of this size to roll over, the Maritime NZ investigation has identified the likely cause of the capsize was a whale impacting the i-Catcher as it came up to the surface," Despard said.
"Maritime NZ would like to acknowledge this tragedy and the lives lost on September 10 last year. Our thoughts are with the survivors, and family members of those who lost their lives that day."
The Transport Accident Investigation Commission (TAIC) also released a preliminary report, with a full report to come in due course.
TAIC's report showed the boat had leaked petrol into the air pocket, which likely reduced the chances of survival for those inside it.
"We are currently prioritising work on guidance for the industry to remind them about considerations raised in the August TAIC report," Despard said.
"This includes working with recognised maritime surveyors to ensure they are looking for the right issues when surveying vessels.
"Our targeted advice to the sector and surveyors will make a difference by improving the understanding of potential risks around fuel systems."
Despard said this will build on the work Maritime NZ is doing with recognised maritime surveyors, including holding regular surveyor conferences and seminars, proactively engaging with surveyors around rule changes, providing clarification on the intent of rules and safety updates and promoting an understanding of best practices.
As part of the follow-up work post the tragedy, Maritime NZ is also looking at on-the-water safety initiatives skippers and crew on trips such as the Kaikōura boat tragedy can undertake to assist those on board should the vessel encounter trouble.
"Our people are currently working on advice and we expect it to go to the sector in the coming months," Despard said.
