Call for better boat safety around divers

An Auckland boatie is $16,000 out of pocket after he struck a diver after failing to properly take account of a dive flag, or slow down to five knots in the 200m vicinity of the dive flag.

Shaun Hollinger was sentenced in the Auckland District Court under Maritime Transport rules for operating a vessel in a manner which caused unnecessary danger or risk to another person.
Hollinger was ordered to pay $10,000 in emotional harm reparations, $2429 in consequential loses and was fined $3600.

The incident occurred near Hauturu Little Barrier in January last year, when Hollinger was skippering the Rain or Shine, a 5.4 metre recreational vessel.

Another recreational vessel, the AWOL, was also in the area with seven people on-board and some of the passengers were diving.

Maritime NZ’s general regulatory operations manager, Jason Lunjevich, says the skipper of the AWOL erected a diving flag to warn other vessels there were people in the water.

“If a diving flag is erected, other vessels within 200 metres of the flag need to slow down to five knots,” he says. “This is to protect divers.”

After initially seeing the dive flag, the Rain or Shine did slow down from 18 knots, but it was still travelling through the 200-metre five knot area at speeds of between 10 to 13 knots – more than double the permitted speed of five knots.

Witness reports describe how passengers on the AWOL tried to make the skipper of the Rain or Shine aware that there were people in the water.

However, they say there was no change in speed, and shortly after they heard a bang and a diver surfaced beside the Rain or Shine yelling for help.

The diver suffered cuts to his head and concussion as a result of the impact.

“This was completely avoidable and needlessly put a diver at serious risk of injury,” Lunjevich says.

“We are still in our busy period for recreational craft users and diving, and we do not want to see repeats of incidents like this.

“If you see a dive flag, you must slow down to five knots and keep an eye out for people in the water.”