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Yachtie Fined By MNZ


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Yachtie convicted for sailing despite conditions

23 April, 2018 11.30am

 

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A boatie who sailed a yacht in an unsafe condition from Wellington to Westport has been sentenced to community detention, after ignoring conditions imposed by Maritime NZ that the vessel could not be operated outside Wellington Harbour.

John Whatuira pleaded guilty to charges filed by Maritime NZ under the Maritime Transport Act for failing to comply with conditions set by a Maritime Officer; and operating a ship in a manner that caused unnecessary danger or risk to other people.

He was sentenced yesterday in the Westport District Court to four months community detention, 200 hours community work, and 12 months supervision.

The Judge told the Mr Whatuira that he put a passenger and rescuers in danger when using his yacht in Westport, and that his conduct was “highly reckless”.

Maritime NZ Central Regional Compliance Manager Michael-Paul Abbott says the conviction is a reminder to all skippers that they must ensure their vessels are properly maintained and fit for a sea journey, and that they must comply with any conditions imposed.

Lives in danger

“This boatie put his own life and that of others in danger when he ignored Maritime NZ’s directions and sailed from Wellington without making the necessary improvements to the old wooden yacht he bought for $500 online.

“The engine was not working when conditions were put on this vessel, and the limited equipment on board, such as the sails and rigging, were old and in poor repair.  The vessel did not have a working radio, any approved lifejackets, charts or other means to navigate.”

The Court heard that Police were notified in December, 2015, about a yacht that was struggling within Wellington Harbour.  The Police launch came alongside the eight metre vessel, which appeared in poor condition with considerable weed growth along its exposed hull.

Mr Whatuira told the Police launch master that he had purchased the yacht, Coriolanus, on TradeMe for $500 and had travelled to Wellington to take ownership of it.

A Maritime Officer from Maritime NZ visited Mr Whatuira who said he intended to sail the vessel to Westport.  Conditions were imposed on the Coriolanus under the Maritime Transport Act and the defendant confirmed that he understood a ship surveyor would have to find the vessel seaworthy before the conditions would be lifted so it could be sailed from the harbour.

In April 2016 the Coriolanus was no longer in Wellington and it was found in December at Westport Harbour, repainted from red to white. In January 2017 the Westport Harbour Master had to assist the defendant and a female companion when they had difficulty bringing the yacht back into the harbour in rough conditions.

Mr Abbott says “this man ignored obvious warnings over a more than 12-month period that the yacht was not fit to be sailed, and that he was putting his own life and others in danger – including his passenger and rescuers”.

 

 

 

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He obviously got from Wellington to Westport without incident.

 

Amazing we fund a govt department to worry about this.

 

He got four months community detention, 200 hrs community work and 12 months supervision. You'd struggle to get that for committing domestic violence. Last time a guy assaulted three people, including choking his daughter, the judge said it was fine and many would do the same, got a discharge without conviction.

 

Priorities are wrong.

 

How many nurses could we fund if we disbanded Maritime NZ?

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That boat looks good for heaps

It’s not like he loaded his daughter aboard and headed for West Island

What did that guy get, can’t remember but thought it was a wet bus ticket ?

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Keith Manch, Chief N2018


Keith Manch, Chief Executive and Director of Maritime New Zealand.

 



Keith took over the role of Chief Executive and Director of MNZ on 5 December 2011. He has worked in the public sector since 1977 and brings extensive leadership experience in a number of policy and operational senior leadership positions in regulation, compliance and enforcement.


After starting his working life in the NZ Police, Keith has worked at the Commerce Commission, as the General Manager of the Ministry of Consumer Affairs, as the General Manager of Gambling and Censorship Compliance and Enforcement at the Department of Internal Affairs, as the General Manager Integrity Services at the Ministry of Social Development and as Deputy Secretary, Regulation and Compliance at the Department of Internal Affairs. Immediately prior to joining MNZ Keith was, for a short period of time, the Chief Executive of the Real Estate Agents Authority – the Crown Agent responsible for regulating real estate agents.


He has a Master of Communications degree from Victoria University and is an alumni of the Government Advanced Leadership Programme. He has had a long involvement in work to develop professional regulatory practice in New Zealand.


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Why this particular vessel,when on any given day there are vessels all over the gulf in worst state of repair going about there lawful business and no one says boo.

 

that particular boat was looking a lot worse than that when in Wellington, and I am guessing his sailing ability (read that as " knowing that the halyard has to be tight") improved somewhat during his time sailing around Wellington harbour.

 

and the reality at the time was he was likely to head out into cook strait to become the target of a Search & Rescue mission.

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I can understand this, reminds me of the open cpn weather guy stopped from leaving NZ in  what was patently an accident waiting to happen.

But the punishment , my god , what have we come to. Thats just so far over the top.

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Really, David?   You've a lot more miles than me and I didn't have a problem with cat 1 , despite not being an exam passer and without  courses and qualifications stacked up.

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Well I read it on crew.org so it must be true. The "how to get rescued" course was not applicable to cruisers but apparently now it is. I did it once but too long ago and have no desire to repeat it.

Of course I can't race offshore as my designer is no longer available to produce a gz curve.

I am worried that will also get upgraded to include cruisers as well.

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that particular boat was looking a lot worse than that when in Wellington, and I am guessing his sailing ability (read that as " knowing that the halyard has to be tight") improved somewhat during his time sailing around Wellington harbour.

 

and the reality at the time was he was likely to head out into cook strait to become the target of a Search & Rescue mission.

He's received a higher sentence than a wife beater, for what, learning how to sail?

 

Am I correct that he didn't call for or request rescue? the Police Launch in Wellington came up because of 'reports' of a boat struggling. He had no communications gear onboard, so was not able to put rescuer's at risk by calling for rescue himself.

 

So far this year how many people have died by suicide, 600? 1,000? This guy put himself at risk, and attracts the time and energy of a government department. There are literally thousands of people with mental health issues begging for help, but can't get it.

 

Maritime NZ should be shut down, and the budget transferred to health.

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He's received a higher sentence than a wife beater, for what, learning how to sail?

 

Am I correct that he didn't call for or request rescue? the Police Launch in Wellington came up because of 'reports' of a boat struggling. He had no communications gear onboard, so was not able to put rescuer's at risk by calling for rescue himself.

 

So far this year how many people have died by suicide, 600? 1,000? This guy put himself at risk, and attracts the time and energy of a government department. There are literally thousands of people with mental health issues begging for help, but can't get it.

 

Maritime NZ should be shut down, and the budget transferred to health.

if you want to view it as a suicide attempt and think that is ok, then yes you may have a point.  I suspect that wasn't his plan as there must be easier ways.... 

 

The 'report' came from several non-government types that are well acquainted with yachts and the sea and it too him about 4 hours to sail out of Evans bay in a 12 knot northerly from memory.   He may not have been able to call for help but that does't preclude a search being started.  There were many people involved who,  I suspect, would not have slept well had he disappeared never to be seen again.

 

I'm not commenting on the fine or comparative use of government funds, just a few facts around this particular incident.

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if you want to view it as a suicide attempt and think that is ok, then yes you may have a point.  I suspect that wasn't his plan as there must be easier ways.... 

 

The 'report' came from several non-government types that are well acquainted with yachts and the sea and it too him about 4 hours to sail out of Evans bay in a 12 knot northerly from memory.   He may not have been able to call for help but that does't preclude a search being started.  There were many people involved who,  I suspect, would not have slept well had he disappeared never to be seen again.

 

I'm not commenting on the fine or comparative use of government funds, just a few facts around this particular incident.

Appreciate your comments.

He must have told someone in authority to 'get lost' (but a little less politely), and they've taken exception to it, as the sentence is not proportional to the offence, or a number of crimes with greater social consequence. 

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Attempting to commit suicide is an offense.

I have mixed views on this story.
Firstly, OK so I can understand the Maritime Police having concerns and telling the guy he needs to get his boat in better shape to take on such a trip. And I would accept them enforcing the need for a minimum of safety gear. Like a pack of flares or a working VHF for instance. But many a boat sails with no working motor, as in, no motor at all.

But when has it been an offense to take a boat out on the water in a recreational sense? Racing yes. As we all know, you need a Cat rating for entering races .I thought MNZ's jurisdiction was over commercial vessels and vessels in a race.
Since when have they been the enforcement to recreational boaties. I can understand the Police having a say and a Harbour Master.

Secondly, I think the sentence is waaaay over the top. There have been several serious crimes here in Blenheim over the last few weeks and the sentencing was nothing compared to this guys sentence. I think this is very unfair and the guy should (what's the proper legal word I want?) contest it.




But I find it concerning when an organisation like MNZ can tell us when we can and can't use our boats. Mainly because they do not have boating qualified people on the ground...eer....water. Example is this very situation, where it was the maritime Police that rescued this guy.

Then there is the fact that telling this guy he needed a surveyor to qualify his vessel. That would cost more than the boat was worth. The guy would have been better off ditching the boat and buying another one and sailing that to Westport before anyone noticed.

And as already said, this guy sailed it to Westport for goodness sake. He can't be too bad a sailor to do that. That is not a simple trip. You need to have some means of navigation and a small dab of skill or you would end up on the Spit, which you have to travel way north to get around and the top of it can't really bee seen till it is too late.

And finally, I feel this is a slippery slope. At what point in the future does it become a situation where someone under MNZ could board our boat and in his view, deem it unsafe for us sail it out of the Harbour, because we don't have say, up to date flares, or a liferaft, or he thinks someone does not have the skill required.
I don't like the potential possibilities of where the future could head with boating if MNZ had that kind of power.

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