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Sentencing a reminder to tourism operators

Today's sentencing of Queenstown jet boat company Kawarau Jet for breaches of maritime safety rules is a reminder to tourism operators of the importance of following safe operating procedures, Maritime New Zealand (MNZ) says.
Kawarau Jet was fined a total of $35,000 in the Queenstown District Court today, after pleading guilty to three charges laid under the Maritime Transport Act. The charges, two of operating a vessel in a manner causing unnecessary danger to those on board and one charge of failing to report an incident to MNZ, relate to a series of events on 18 December 2009 when Kawarau Jet undertook two commercial trips despite extreme weather conditions.
The weather forecast for 18 December 2009 predicted gale force northwest winds, expected to be greater than 60km/h, and heavy rain. No other recreational or commercial vessels were operating on the lake at the time.
On the first of the two trips, 17 passengers, including five children, were on board the company's vessel K-Jet 10 when it was swamped by a large wave, soaking the vessel's occupants and incapacitating one of its engines. K-Jet 10 was able to return to the main wharf on its second engine and was taken to the workshop for repairs.
Despite this incident, and continuing poor weather conditions, Kawarau Jet proceeded with a second trip, which was completed without complication.
Kawarau Jet was advised by the Queenstown Lakes Harbourmaster that the company was required to report the incident with MNZ, but it failed to do so. MNZ was advised of the incident by a concerned member of the public and launched an investigation on 22 December 2009.
MNZ Manager of Maritime Investigations Steve van der Splinter said the sentencing judge had taken the principles of the Health and Safety in Employment Act into account.

"The same principles apply whether you are on land or on the water. The safety of the passengers is paramount," Mr van der Splinter said.
"Although no one was hurt in the two trips, the decision to go out on the lake despite the extreme weather conditions had potentially put lives at risk.
"Kawarau Jet's own safe operating procedures state the company will consider the weather conditions before embarking on trips, and cancel them if appropriate.
"Of particular significance is the fact that on this particular day, no other commercial trips were operating on the lake. Yet, Kawarau Jet chose to go out, not just once but twice – and for one of those trips, after one of their own vessels had already got into trouble."
Mr van der Splinter said all skippers – both commercial and recreational – should check the weather forecast before going out on the water and stay on land if conditions look poor.
“It's basic common sense – if in doubt, do not go out. Not only did Kawarau Jet put the lives of their passengers and crew in danger, they ran the risk of putting rescuers' lives in danger as well.”

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