Enchanter Northland

[ex Elly 267]

Charges laid over Enchanter fishing tragedy which claimed five lives

Charges have been laid against an individual and a company linked to the sinking of the fishing charter boat Enchanter a year ago.
In a statement, Maritime NZ director Kirstie Hewlett told RNZ both the company and the individual faced one charge each of breaching the Health and Safety at Work Act.
The company also faced a charge of breaching the Maritime Transport Act. The charges were laid last week.

https://www.rnz.co.nz/news/national/485892/charges-laid-over-enchanter-fishing-tragedy-which-claimed-five-lives

 

[harrytom 698]

2 hours ago, ex Elly said:

Charges laid over Enchanter fishing tragedy which claimed five lives

Charges have been laid against an individual and a company linked to the sinking of the fishing charter boat Enchanter a year ago.
In a statement, Maritime NZ director Kirstie Hewlett told RNZ both the company and the individual faced one charge each of breaching the Health and Safety at Work Act.
The company also faced a charge of breaching the Maritime Transport Act. The charges were laid last week.

https://www.rnz.co.nz/news/national/485892/charges-laid-over-enchanter-fishing-tragedy-which-claimed-five-lives

 

The skipper has a new vessel and carrying on with 3 king charters. Thought MNZ would of cancelled his ticket pending investigation.

[Far North Boy 3]

23 minutes ago, harrytom said:

The skipper has a new vessel and carrying on with 3 king charters. Thought MNZ would of cancelled his ticket pending investigation.

So, you or want punishment to pre-empt a court case. This is a typical MNZ beat up. My company were responsible for the last maintenance on Enchanter and we weren’t even contacted in the enquiry. Keep your amateurish opinions to yourself. 

[Psyche 842]

Thats good news for you, but I don't think vessel maintenance is a factor. From what I have heard the boats were/are well looked after.

[Far North Boy 3]

1 hour ago, Psyche said:

Thats good news for you, but I don't think vessel maintenance is a factor. From what I have heard the boats were/are well looked after.

But not good news for the investigative process used by MNZ. The original lead investigator was removed from the investigation and gagged.  He was replaced by a woman with no professional sea going experience and only 6 months at MNZ under her belt. MNZ is basically staffed by failed police officers now, no ex seamen. 

[harrytom 698]

13 hours ago, Far North Boy said:

So, you or want punishment to pre-empt a court case. This is a typical MNZ beat up. My company were responsible for the last maintenance on Enchanter and we weren’t even contacted in the enquiry. Keep your amateurish opinions to yourself. 

The vessel is not in question but more of the skippers responsibilty

[harrytom 698]

Will add. Commercial vessels stayed in port or at the king's.but Lance appears to of adopted a Cavalier attitude and went for it. 

[Steve Pope 255]

11 minutes ago, harrytom said:

Will add. Commercial vessels stayed in port or at the king's.but Lance appears to of adopted a Cavalier attitude and went for it. 

As per usual we all have an opinion, MNZ are doing what they have become well known for. Using MNZ laws, or if they cannot find anything in those to hang their hat on they shift to the broad brush of Health and safety legislation. They are using "public" money, whereas the defendant (or ents) have to delve into savings / borrowings for defence. In some cases defendants have pleaded guilty  purely to save themselves from going broke. White island for example. Lets see how this pans out before making judgements. 1 or 2minutes or 1 or 200 hundred metres difference and this may well have been a non event.

[waikiore 499]

Tis indeed a shame that MNZ has approached this in this manner , with the facts as laid out so far and not in dispute the public would have a reasonable expectation of a robust prosecution, with his ticket on hold until the case is heard . He has other skippers to keep the business running. 

[Far North Boy 3]

4 hours ago, harrytom said:

Will add. Commercial vessels stayed in port or at the king's.but Lance appears to of adopted a Cavalier attitude and went for it. 

Did you see the documentary with actual eye witnesses including a highly experienced crew member? Sea conditions were nothing like extreme. The loudmouth commercial fisherman who decried Lance’s decisions is in direct competition with a charter boat he owns. 

[Far North Boy 3]

5 hours ago, harrytom said:

The vessel is not in question but more of the skippers responsibilty

The investigators stated they included maintenance in their scope of enquiry and in fact removed the engines (the very same engines one of my guys worked on immediately prior to departure) for inspection. A failed engine could have indeed contributed to the accident. 

[aardvarkash10 1,137]

5 hours ago, Steve Pope said:

As per usual we all have an opinion, MNZ are doing what they have become well known for. Using MNZ laws, or if they cannot find anything in those to hang their hat on they shift to the broad brush of Health and safety legislation. They are using "public" money, whereas the defendant (or ents) have to delve into savings / borrowings for defence. In some cases defendants have pleaded guilty  purely to save themselves from going broke. White island for example. Lets see how this pans out before making judgements. 1 or 2minutes or 1 or 200 hundred metres difference and this may well have been a non event.

As I understand it, the two different organisations are conducting two different investigations.  That's appropriate.

I'm guessing, but I suspect that the Worksafe prosecution will be related to the responsiblity to mitigate risks.  Its the most common business failing in health and safety.

https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976895.html 

The failure to manage the risks leads to the prosecution against the business entity and the individual..

https://www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976918.html

Whether the failings occured or not are questions of fact for the court, not for Worksafe.

[harrytom 698]

https://www.nzherald.co.nz/northern-advocate/news/enchanter-tragedy-case-heard-in-court-skipper-faces-charges-relating-to-the-deaths-of-five-men/HXWWGJLLKBDPVE4H37UNYSSBOA/

 

Goodhew is charged with breaching his duties as a worker on the vessel and in doing so allegedly exposed individuals to a risk of death or serious injury. The charge carries a maximum penalty of a $150,000 fine.

His business, which trades as Enchanter Charters Ltd, is charged with operating a ship without the prescribed qualified personnel. It alleged Goodhew did not have a medical certificate at the time of the incident.

The business is also charged with allegedly failing to address voyage and passage planning in its Maritime Transport Operation Plan, and allegedly failing to identify and address the risks arising from the trip.

By failing to take those steps, the business exposed individuals to a risk of death or serious injury, the charge, which carries a maximum penalty of a $1.5 million fine, alleged.

[waikiore 499]

The presiding judge's comments are pertinent 

[Psyche 842]

and it begins

https://www.nzherald.co.nz/nz/crime/enchanter-trial-maritime-nz-opens-case-against-fishing-boat-skipper-lance-goodhew/OSIFXFAA55GDDAI4ZRNVJLSTSA/

• The three-week trial for Enchanter skipper Lance Goodhew started in the Whangārei District Court today.
• Goodhew faces a single charge of breaching his duties as a worker on the vessel and in doing so, allegedly exposing individuals to a risk of death or serious injury.
• Two charges against his recreational fishing charter business were dropped today as there was no evidence.
• The Enchanter was hired by a group of friends for a game-fishing trip to the Three Kings Islands in March 2022.
• The fishing boat capsized during bad weather, killing Geoffrey James Allen, 72, Michael Patrick Lovett, 72, Richard Eldon Bright, 63, Mark Keith Walker, 41 and Mark Kenneth Sanders, 43.

[Jon 412]

Swell looked a lot different tonight on news than it did in the doco that was screened earlier

A lot more like I’d have expected as we were sheltering not far away

[harrytom 698]

The case is mainly based around not holding a current first aid.

It has very little to do with seamanship according to friend in the industry He called it a B/S case.

[harrytom 698]

On 13/03/2023 at 8:15 PM, Far North Boy said:

So, you or want punishment to pre-empt a court case. This is a typical MNZ beat up. My company were responsible for the last maintenance on Enchanter and we weren’t even contacted in the enquiry. Keep your amateurish opinions to yourself. 

Seeing how Far North Boy isnt around anymore,if a airline pilot crashed and killed his passengers he would be grounded,so why can a charter skipper who endangered life/lost life be able to continue operating/skippering?

[K4309 427]

9 minutes ago, harrytom said:

Seeing how Far North Boy isnt around anymore,if a airline pilot crashed and killed his passengers he would be grounded,so why can a charter skipper who endangered life/lost life be able to continue operating/skippering?

Would it be because the skipper didn't do anything wrong and Maritime NZ are just looking for a public hanging for PR purposes?

Has anyone on here ever heard of this rule you can't go within 3 miles of land?

[Psyche 842]

The skipper is responsible for the safety of everyone on board, the question is was he acting responsibly? There is no 3 mile rule but the question will be would a competent skipper in the prevailing conditions made the same decisions?