Maritime NZ has filed two charges against KiwiRail after completing a comprehensive and wide-ranging investigation into the grounding of the Interislander ferry, Aratere last year.
The Aratere grounded just north of Picton on 21 June last year, it had 47 people on-board at the time. Thankfully, all passengers and crew were safely returned to shore. The ferry was re-floated the following evening.
Maritime NZ’s Chief Executive, Kirstie Hewlett, says the two charges filed against KiwiRail under the Health and Safety at Work Act 2015 relate to failures by the operator to keep crew and passengers safe while on-board the ferry.
“This was a complex incident and important investigation given it focussed on KiwiRail bringing in new systems to older vessels and broader safety management. It required us to look at systems, policies and procedures, culture, within KiwiRail in relation to the incident. A significant number of interviews were conducted, as well as collating and reviewing a substantial amount of relevant documentation and evidence.
“The time taken to undertake this investigation, collate and review the evidence, and decide on compliance action is consistent with other complex and major incidents.
As we have now filed charges in court, we cannot talk about what our investigation found,” Kirstie Hewlett says.
Charge 1: s48 charge – in that it had a duty as a PCBU, namely to ensure, so far as reasonably practicable, the health and safety of those passengers and crew who would sail aboard the Aratere and that failure exposed crew members and passengers to the risk of death or serious injury. Maximum penalty $1.5m
Charge 2: s49 charge under HSWA – in that it had a duty as a PCBU, failed to ensure, so far as is reasonably practicable, the health and safety of those passengers and crew who would sail aboard the Aratere. Maximum penalty: $500,000
