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Coroner Erin Woolley is calling for a single, nationwide law requiring boaties to wear lifejackets on small vessels after finding that a mother and her young son who drowned in the Manukau Harbour would have had a better chance of survival if they had been wearing them.
In New Zealand, it is not compulsory nationally to wear a lifejacket while on a boat under six metres in length. However, Auckland Council by-laws make this mandatory, unless the master of the boat believes it is safe to not wear one, whereas in the Waikato, it is mandatory for all people in boats under six metres in length to wear a lifejacket at all times.
The coroner’s findings, released this month, relate to the deaths of Gemma Ferregel and her 10-year-old son Ryder. The pair were on a scalloping trip in November 2022 with Gemma’s partner Kevin McQuire and two friends when their boat, a 4.8m Haines Signature, was hit by a wave and overturned.
All five people on board clung to the hull for four to five hours. No one was wearing a lifejacket, and there were not enough on board for everyone. Ryder had initially worn a lifejacket but removed it while scalloping. The boat had no radio, and the group’s cellphones were submerged and unreachable in a pocket of the boat.
After clinging to the hull the two friends decided to swim to shore to raise the alarm. Meanwhile, McQuire, Gemma and Ryder stayed with the boat until McQuire realised they were on a sandbar and could stand. Leaving the boat, they walked along the sandbar but fell into deep water and lacked the strength to return, leading to the deaths of Gemma and Ryder, while McQuire was rescued. Ryder’s body has never been recovered despite extensive searching.
McQuire was charged with two counts of manslaughter for failing to keep all passengers on his boat safe. In December, he was sentenced in the High Court at Auckland to six months’ community detention. The court found he had failed to ensure lifejackets were worn, had no adequate forms of communication, and had not properly checked weather conditions before setting out.
During sentencing, Judge Wilkinson-Smith said McQuire’s approach to the trip reflected a “she’ll be right attitude” and noted the need to remind the public of the risks of over-confidence and failure to plan for the worst-case scenario. She hoped people reading about the case would consider the risks of letting their children take their life jackets off, heading out without checking the weather, failing to carry life jackets on the boat or not ensuring life jackets are used.
Coroner Woolley said Gemma and Ryder’s chances of survival would have significantly increased if they had been wearing lifejackets.
“Wearing a lifejacket is one of the simplest and most effective ways to prevent drowning fatalities. It is crucial to normalise lifejacket use in New Zealand, so that all Kiwis undertaking boating activities make the conscious choice to wear one.”
Woolley recommended that Maritime New Zealand consider whether a nationally consistent law is needed to mandate the wearing of lifejackets on small boats across all regions. She also urged the agency to look at whether more public education is required.
Coastguard Hibiscus president Rachel Hessey agrees with the coroner’s fundings.
“This summer reinforced what we see every year – life jackets save lives, but only when they’re worn,” she says. “Far too often, they’re stowed on board instead of being on people. We back any move toward clearer, more consistent life jacket rules across the country. What keeps someone safe on Lake Taupō should also apply in the Hauraki Gulf. A nationally aligned approach could help turn around our preventable drowning statistics.”
