It is good to have some contract wording. Thanks for that.
What I'm not aware of is the other points you make. Are they in the public realm? (as in, reported in the media or something?) I guess what I am asking is if they are established facts of the case (not contesting what you are saying, I'm just not aware of them).
An example I was thinking of where a guy got charged with recklessness was a fizz boat over Whitianga way, pranged into an island in the dark. He was effectively lost, but did not slow down, still going full tilt. That was deemed reckless cause he knew he was lost, ha