K4309
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Posts posted by K4309
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7 minutes ago, waikiore said:
Ridiculous result , from a lame prosecution . It wasnt a rogue wave and yes they often peak up along that shore in those conditions hence If Goodhew knew where he was, it was easy to predict.
Maybe it was the lying key Crown witness that did it?
"Too rough to go fishing, Enchanter should never have left the anchorage"
Accept AIS showed said key Crown witness spent 7 hours fishing that morning...
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Not guilty.
Wow.
How often does that happen?!?
Can't wait for Maritime NZ to comment...
From Aardvarks link:
Judge Rzepecky said the terrible tragedy was caused by a significant rogue wave in otherwise benign conditions, and could not be sure Goodhew could have foreseen it given the information he had at the time.
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16 minutes ago, CarpeDiem said:
From the article the altered report still bearing the original signature was withdrawn and replaced with the same altered report but with a different persons signature (Paul West's).
So it did not make it into the courts evidence at the hearing.
This is getting beyond my knowledge,
But if the report was issued to the lawyers by Worksafe, does that immediately make it 'disclosable' as evidence?
In the same way that the external lawyer (I understood to be the Crown Prosecutor) stated Paul Patterson should not send his original report, my understanding being that if he did so it would then be 'disclosable' to all, including the defense.
The principals of full disclosure being that the prosecution must disclose all evidence, if it helps their case or not.
The extension being a failure to make full disclosure can show prejudice and or bias, and has gotten plenty of prosecutions thrown out of court in the past (referring to criminal court here, but equally applies to our justice system and prosecutions under the H&S Act.
The basic principal of natural justice being that the prosecution cannot pick and choose evidence, all evidence must be made available. This being separate to how the prosecute the case at trial of course.
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2 hours ago, Island Time said:
If that is fact, they should be prosecuted - that is fraud!
Yes, absolutely.
I can't think of a professional situation where you can rewrite someone else's document, put their signature on it and issue it. More so and especially against that persons express and written wishes.
In just about every scenario I can think of this would be labelled any one of:
Fraud,
Obtaining by deception,
Altering a document for pecuniary benefit, etc.
The unwarranted charges against the helo companies are one thing, and the bit relevant to this thread, but the way Worksafe conducted themselves and the lengths they went to to change the facts to suit their narrative is really alarming.
There are other examples of Worksafe prosecution that fit this modus operandi as well. Not relevant to this thread so I wont go off into detail, but the best example is the Arthur's Pass tourist bus crash. They went after the mechanic that serviced the bus in a most alarming way, to the extent Worksafe pressured ALL of his clients to stop using him. They only withdrew the charges when their inspector died(after about 4 years I think), but when the mechanic raised the prospect of damages Worksafe threatened him with further charges if he dared bring a case against them. That in itself is illegal, using threats of more charges to get out of paying damages.
Noting this all had zero to do with the actual crash. It was an imported Chinese bus and sounded like no-one assessed the breaks as being suitable for NZ conditions... Driver said the brakes failed but no one verified the driver got it into the right gear before dropping down the Otira incline.
Anyway, these little facts coming out is why I am so suspicious and skeptical of MNZ's motives in bringing charges on the Enchanter tragedy, and the accuracy of their evidence. Noting their key witness has already been proven to have been lying at trial. And of the 6 charges MNZ brought, only one actually made it to trial.
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This is a deeply concerning story and relates directly the the MNZ prosecution of Lance Goodhew.
It is way too long to do justice by copying the relevant paragraphs (just about the whole thing is relevant). I do recommend you read it. I feel it justifies my position on MNZ 'persecuting' Lance Goodhew in this situation, specifically in that the charges are not warranted based on the evidence, and that the charges were predetermined and political in nature, in that people died so the regulator must hang someone. Anyone.
In this example, Worksafe assigned their leading helicopter industry expert to investigate the 4 helo companies involved with White Island. He found that the helo companies, specifically Volcanic Air Safaris Ltd had done nothing wrong. To the contrary, he considered their systems and practices to be exemplary, and recommended they be used as an exemplar in the industry.
He produced a 56 page report.
Management substantially altered his report, chopping it down to 20 something pages - then sent it back to him and instructed him to sign it.
He refused.
Management then put his electronic signature on it and issued it under his name anyway.
The investigator was so upset by this he eventually resigned. But that is not the half of it.
He ended up issuing an affidavit on behalf of the helicopter companies. The Worksafe investigator went to court supporting the companies he was investigating - because Worksafe's decision to prosecute was morally bankrupt.
In the end, the helo companies were forced to plead guilty, because they simply could not afford to defend the charges against the unlimited budget of Worksafe. Those companies then folded.
Noting that the charges were reduced from $1.5m to $500,000 based on Worksafe's own investigators affidavit.
These are the same helo companies that were honoured with bravery awards for actually rescuing people at White Island, while officials forced our actual rescue services to stand down.
WorkSafe’s Whakaari investigator said chopper companies shouldn’t be charged | Stuff
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2 hours ago, Zozza said:
I heard some twat on the Radio yesterday morning (RNZ) being interviewed, saying that licensing boat owners for competency on the water is an absolute must. He completely missed the point that this idiot in Pahia was looking down scrolling his phone going at twenty f**king knots, trying to figure out how to fix something. Just like driving, if you are looking at your phone then you are not fully paying attention, and going at twenty knots with your head down engrossed in your bloody phone is a recipe for disaster. But hey, if the idiot was licensed then that would have solved everything.
Yet I suspect a $132,000 fine might make some people think about putting it in neutral before scrolling through the MFD to find a fault alarm.
At the end of the day, it was that one indecision to not throttle back that led to the ferry skipper being paralyised.
Note I understood he was flicking through screens on the MFD rather than his phone, but the analogy of drivers on their phone is exactly the same.
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I'm no expert on elbows, but when I put my new engine in the supplier had a wide range of alternative elbows to assist with retrofitting the engine into the existing installation. None of them were anywhere near those prices. I would have though $200 to $400 max (2019 dollars).
If I recall correctly they were all alloy elbows. Fairly sure the elbow on my engine is alloy too. I don't really know what the value is in stainless over iron over alloy. Given most of my engine is alloy now I can't see the issue with an alloy elbow, it wont corrode like iron, and is a fraction of the price of stainless - which corrodes anyway in the lack of oxygen.
My engine is a Beta and the supplier was the Engine Room (don't get confused with the fine dinning engine room when googling). It might be worth a phone call. I know at the time they had a 'volvo' cross over elbow and a half dozen other options from super high, straight, slightly offset etc. I can't comment on the hole spacing, but that may be able to be easily fixed.
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3 hours ago, Psyche said:
online is always plus shipping, sometimes people forget that.
Not always. It is becoming increasingly common to have free shipping. The kicker is you often have to click through to the last page to find out, and I suspect many people will just complete the transaction once they get that far.
And free shipping is normally on items worth more than $50 or a hundy though, not two bolts. Although last time I went in to Fosters to by 2 screws (they were incredibly attractive, fancy screws, silicon bronze etc), the lady did say they have had people order 2 bolts and get them couriered / delivered, via their website. Courier was more than the bolts (but judging by the price of my very attractive screws it is a tight run thing).
And while I know Burnsco has been sold to the Aussies, the staff there are definitely still locals, get paid in NZ dollars and pay PAYE and GST etc that go to fund out teachers and police. Don't get me wrong, I don't go out of my way to pay more locally, but given the option, or only a modest price difference, I will buy local.
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2 hours ago, Black Panther said:
Olympic sailing doesn't feature on crew very often but a friend tells me there is some upheaval happening there as well. We are about to send the weakest team in decades, unlikely to get one medal and there goes all the funding. Meanwhile the sport has shriveled at the grassroots level and not looking likely to recover anytime soon.
Good time not to be an official at YNZ.
I'm not across our current medal prospects, but three points to note:
1) A selector had a son via-ing for selection in a hotless contested class. YNZ didn't see a problem with that. It was only resolved when the son broke his leg 2 days before the nominations were going to be confirmed, putting the other crew into nomination.
2) for the first time ever in NZ, the arbitration panel forced YNZ to include athletes they excluded. 2 of them.
3) our best and most experienced crew didn't meet YNZ's own selection criteria.
It certainly has the look and smell of a shambles.
Edit, PS, it appears the sport is booming at grass roots level, just not in classes supported by YNZ. Wing-foiling is going nuts. Wind-foiling is an Olympic glass and is growing well. Kite foiling is really big recreationally in NZ, but YNZ went out of their way to shaft our two wingfoil nominations, being the two that the arbitration panel forced YNZ to nominate. The irony being YNZ are trying to shaft the fastest growing sector.
Considering a fully spec'd 49'er costs about as much as Black Panther, I'm not surprised there are grass roots issues. The gear is very, very expensive. Let alone the cost of campaigning it. Paradoxically, the foiling gear is cheaper than the traditional gear, and loads more exciting.
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3 hours ago, Zozza said:
I knew about the Nth v Sth when it comes to compasses but totally forgot about it.
Mostly, I have had positive experiences when buying marine gear offshore. I get the "support local" ideology, but I think in 2024 that's gone out the window years ago-- I feel no such inclination to support Burnsco, Smart Marine, or Marine Deals which are all huge players in the NZ that monopolise the marine market. I am not saying you are not right though K4, because they are still NZ companies - I may indeed be part of the problem with my attitude.
Marine Deals is right up there with any parallel importer, no customer advise or making sure you are getting the right product etc. If you are shopping at marine deals, you may as well go straight to Temu.
I do shop at Burnsco, mainly cause they are the only option for many things, and do find the staff really good and helpful, but I don't describe Burnsco as an owner operator type. Probably the best examples of that are fishing shops. There are two owner operator fishing shops near me, or I could get the same stuff off Marine Deals cheaper. Get to have some banter and a little local intel on where the fish are holding while supporting the owner operators.
A comment on Burnsco, I have found them exceptional for returning sh*t. Staff and the store manager as helpful as he could possibly be, including bending rules. Many examples, but the latest one, got a solar powered vent for the heads, had to cut a hole in my deck, reshape, build a plinth, paint etc to accommodate fancy solar vent. 18 months on and the face panel had faded and the thing basically wasn't working.
Raised this next time I was in store, (receipt long gone) they told me when I bought it as I'd forgotten, was outside warranty but I explained it was an outdoor product and wasn't durable as per the CCG, no problem swapping / replacing it, AND, if I wanted a better / different item, they could swap my faulty one like for like, then immediately credit me the new one they swapped, so I was free to choose any other spec / product, rather than forcing me to put up with something that clearly wasn't fit for purpose.
I've never had that from an online retailer. If there is only a modest price difference, I will buy local for that support. Early June I bought a new blender jug online. Free & fast delivery they said. Hasn't even been dispatched yet (end of June). If I bought local, I would have been making smoothies for a month now. Very irritated.
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Sometimes you can waste money paying too little for something. I've found that out buying cheap stuff that is junk / doesn't do the job.
And sometimes the local retailers offer a value proposition with knowledge and advice, not just on price point. Not always. But I do like supporting local owner operators when I get a chance.
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I see after today's sh*t show / drifterthon they have moved tomorrows start tome earlier by 3 hours, to 5am NZ time. Based on the forecast for thunder storms, they want to get some stable wind / racing in earlier in the day.
Even my missus couldn't understand why the blew race 3 up on the first leg. There is the race time limit of 16 minutes. Yes there was major wind shift on the course but that handn't hit the boats yet. Is there another time limit to finish the first leg in? If there was, as Burling notes, it wasn't applied in AbuDhabi.
My miss 11 says it is the most boring yacht race she has even seen. Noting she wasn't born when the AC was in 12m's match racing day in day out at turtle speed.
Shame they don't have the 29m wings still for these light days. In saying that, if there are thunder storms about, would you put a monster wing on? If the storm cell comes through it could get a little too exciting.
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From a bystander point of view, is the fee for a Cat 1 cert $2,200? and the cost of registering in Poland $395 euro?
So it is cheaper outright to register offshore, and then you don't need to spend all the other boat dollars on items Cat 1 require but you don't want or need?
Simplistic approach I know, but certainly makes the offshore registration the path of least resistance.
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They've got her off. Very lucky.
Now to see if the rudder is still attached or not.
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The steering was 'upgraded' last month. So this grounding has nothing to do with the boats age.
This is why Kiwirail can't have nice things.
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1 hour ago, aardvarkash10 said:
I suspect MNZ have other priorities as of about 10pm yesterday.
They don't actually do anything though do they?
Don't they just sling sh*t at people that were doing something, after the fact?
Isn't that why they are staffed with lawyers and not ex-sea captains?
Can't wait for the Enchanter verdict.
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There is a good chance the Black Foils will get dropped for next season.
4 teams haven't yet found purchasers of the team from SailGP, including the Black Foils.
SailGP want $34mil for the Spanish team, so not small change.
With all of the Black Foils team (or at least the brains trust) heading off for an AC cycle, will they even want to continue running a sailGP programme at the same time?
Now with the inclusion of a Brazil team, they're going to need to drop one.
Who will it be?
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42 minutes ago, khayyam said:
Wow, check out the headline, only due to Ngati Manuhiri and no-one else. Strewth, they'll be funding everything themselves then?
It is nice to have a good news story BUT, they have eliminated one clump.
The other thing I am unsure of, is if the water visibility has been suitable for a proper search. We are in winter (obviously) and have had nothing but N'East or easterlies, big rain events and absolutely zero settled weather with regard to letting water viz clear. I may be wrong, I haven't been spearfishing myself for some time, so the viz may be better than I realise but I doubt it.
The point being, you can't say it's not there just cause you can't see it (when looking in porridge). Being that if you can't see your hand at the end of your arm, how can you see there is no caulerpa?
I'd say lost, not eradicated.
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1 hour ago, Black Panther said:
Translation: it won't help win olympic medals.
Never a truer word spoken.
How long has D. Abbercrombie been in that role now? at least 15 years?
The only sporting body to ever be told by the arbitration panel they completely fucked up and were forced to nominate their own athletes. Had a selector who's son was via-ing for selection. Can't spell conflict of interest, or due process. A remarkable PR disaster running in the MSM.
I am very interested why this would be announce 10 days before in comes into force. I suspect the cruising community that fund YNZ and all the non-dinghy racing clubs will have an outpouring of criticism for YNZ, and then absolutely nothing will change.
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1 hour ago, waikiore said:
Oh dear K -that is not Wasabi's sistership again is it?
Not sure.
This boat was called Runaway, think it was renamed after the keel feel off the first time.
All the info is on SA, including a thread with far more knowledge than me.
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2 hours ago, waikiore said:
For a bit of thread drift , another keel fell off over in Queensland sadly a loss of life -interesting boat appears to have very flared topsides.
Second time it's fallen off that particular boat too.
Would make jokes about slow learning and what not, but unfortunately a guy died this time.
The wings are water ballasted, was designed by Sayer for the Mel-Osaka back in the day.
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Whales
in MarineTalk
hope he's got a spare pare of glasses.
Can see why vendee skippers and other crazy high speed soloists are starting to wear helmets more regularly now.
Enchanter Northland
in MarineTalk
Posted
As the four-week trial progressed, weather experts gave evidence about the state of the sea around North Cape. They claimed rogue waves could occur anywhere, anytime and at any sea level.
Judge Rzepecky decided he could not be certain Goodhew could have predicted a rogue wave would appear, evidence he believed was clear through the trial.
“Based on observations and scientific evidence, I cannot be sure the presence of a wave was reasonably foreseeable and after considering all the evidence I cannot be sure that a reasonably careful mariner should have decided to stay.