Maritime New Zealand has laid two charges against KiwiRail under the Health and Safety at Work Act 2015, following a year-long investigation into the grounding of the Interislander ferry Aratere near Picton.
The ferry ran aground north of Picton on June 21 last year with 47 people on board. All passengers and crew were safely returned to shore, and the vessel was re-floated the following evening.
Maritime NZ chief executive Kirstie Hewlett says the charges under the Health and Safety at Work Act 2015 relate to failures by KiwiRail to ensure the safety of those aboard the vessel.
“This was a complex incident and important investigation given it focussed on KiwiRail bringing in new systems to older vessels and broader safety management,” Hewlett says.
“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,” she says.
The first charge under section 48 of the Act alleges KiwiRail, as a PCBU (Person Conducting a Business or Undertaking), failed to ensure—so far as was reasonably practicable—the health and safety of passengers and crew aboard the Aratere, exposing them to the risk of death or serious injury. This charge carries a maximum penalty of $1.5 million.
The second charge, under section 49, also alleges a failure to ensure health and safety as reasonably practicable, with a maximum penalty of $500,000.
The case is now before the courts.
