Coroner recommends compulsory lifejackets be considered in report into Taranaki man's drowning

Tuesday, 3 August 2021

Matthew Smith and Brett Collett were checking crayfish pots when a wave tipped the boat they were in on August 22, 2016. Smith drowned trying to swim to a nearby island, the coroner has ruled.

A coroner has recommended consideration be given to making lifejackets mandatory in a report into the death of a Taranaki man who drowned while checking crayfish pots off the coast of New Plymouth.

Matthew Ryan Smith, 18, died in the vicinity of the Sugar Loaf Islands on Monday, August 22, 2016, after being tipped from a boat by a large wave, Coroner Robin Kay’s findings said.

About 6am on the day of his death, Smith and friend Brett Collett had launched a five-metre aluminium boat from the ramp at Port Taranaki to go in search of crayfish pots put out the week before.

About 6.30am, while near the islands, the pair saw an oncoming wave and Smith told Collett to point the nose of the boat towards it.

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An extensive search was launched after Collett made it to shore and the alarm was raised.

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He did, increasing the throttle in an attempt to push through.

But the wave overturned the boat and tipped the pair out. Collett found himself underneath it in an air pocket while Smith managed to get himself on top of the 5.33-metre stabicraft.

The land and sea search involved several agencies including Taranaki Surf Lifesaving.

Neither man was wearing a lifejacket, though there were several aboard.

Collett swam out from underneath the boat and attempted to join Smith on the hull, but he could not get up so held on to the bow, the coroner said.

After about five minutes, Smith suggested they swim for an island but Collett said they should stick with the boat.

Smith pointed out the boat was drifting towards a sunken rock and he would not want to be on it if they hit.

Smith then jumped from the boat and started swimming towards the island, which was 35m away. He was wearing jeans, a nylon jacket, a beanie and some knee-high gumboots.

Colett removed his own tops and gumboots and started to swim in the same direction, but soon after his socks got heavy and he stopped to remove them.

The boat the pair were in was found at Back Beach.

As they swam, the pair began to shout for help. Realising this was a waste of time, Collett told Smith to save his energy.

Collett then came across a life jacket and threw it to where he last saw his friend.

He then tried to swim hard for the island but the current was too strong. Eventually Collett was washed into a cave area near Paritutu Rock.

He pulled himself on to the rocks and made his way to the beach, where he met a member of the public.

About 9.30am she phoned emergency services to raise the alarm.

Emergency services had already received a call at 9.17am from a member of the public who had spotted an upturned boat.

Collet was taken to hospital with cuts and bruising, and an extensive search was launched.

The search included a helicopter, an airplane, a drone, Taranaki Surf Lifesaving boats, the Taranaki Coastguard, Cape Egmont Sea Rescue, Port Taranaki and commercially and privately owned vessels.

The boat was found later that day near the Herekawe Stream entrance on New Plymouth’s Back Beach, but Smith’s body has never been found despite several days of searching from the sea, land and air.

As a result of his findings, Kay has recommended the Minister of Transport, Michael Wood, consider inviting parliament to consider the rules governing the use of lifejackets and whether they should be made mandatory at all times vessels 6m in length or less are underway.

In 2010, Maritime New Zealand (MNZ) proposed an amendment to the rules that would have made it compulsory to wear a lifejacket on such vessels. The amendment would have permitted their removal when a skipper considered the risk low.

But the Government decided not to amend the rules, meaning that at the time of Smith’s death lifejackets had to be accessible, but it was not compulsory to wear them.

Minister Michael Wood has been approached for comment.

In an emailed statement, MNZ said The Safer Boating Forum, of which it is a member, advised boaties should wear a correctly fitted lifejacket at all times when their boat is under way.

MNZ said it and the Ministry of Transport are canvassing the views stakeholders on when people should wear lifejackets on small recreational craft.

“Views are being sought because research shows that more than 50 per cent of fatalities over the last five years on small recreational craft might have been prevented if the person had worn a lifejacket or a properly fitted one.”

No formal decisions have been made around rule changes and stakeholder participation will help the Government make decisions on whether to conduct wider public consultation on a lifejacket rule change, MNZ said.