KiwiRail to be sentenced over drifting ferry
Tuesday, 2 July 2024
KiwiRail has pleaded guilty to exposing passengers to harm or risk after the Kaitaki ferry lost power in January 2023 with 864 people on board.
A sentencing hearing has been set down for September in Wellington District Court.
Maritime New Zealand has brought the charge under the Health and Safety at Work Act.
The Kaitaki - a 22,365-tonne, 181-metre ship built in 1995 - was sailing into Wellington Harbour when it lost propulsion resulting in a mayday call.
The ferry had been making its 2.15pm trip from Picton to Wellington. KiwiRail contacted Maritime NZ, which runs the Rescue Coordination Centre to say the Kaitaki had engine trouble at 4.55pm. The official mayday call was sent out exactly 10 minutes later. All four engines had failed.
It was drifting towards the craggy and isolated coast west of Wellington's Ōwhiro Bay. A massive rescue effort was activated, involving five helicopters, a flotilla of boats, land search and rescuers, and other emergency services.
Later it would be learnt that it drifted more than a nautical mile towards the rugged Wellington south coast in winds gusting over 100kph.
Emergency protocols kicked in and the ship was anchored and life vests were handed out to passengers,
The ship, now with anchors holding, was in 30 metres of water about 2km off Sinclair Head. Apart from being powerless, it was otherwise intact.
Six vessels – fellow Interislander the Aratere, police launch Lady Elizabeth IV, two tugs, a pilot boat, and a nearby fishing vessel – were directed to the scene.
A Defence Force NH90 helicopter was called in and four other rescue helicopters were put on standby. It was also reported that land search and rescuers were deployed to the south coast in preparation for the worst.
It was about 7pm when the crew on board the Kaitaki managed to restart the engines and the mayday call was downgraded to “pan pan”. The ship – shadowed by tugs and the police launch – limped into Wellington Harbour.
Dozens of police and paramedic staff were waiting in the terminal as passengers arrived, and gurneys were set up as a precaution, however, there were no serious medical events.
Maritime NZ filed the charge in January 2024 under the Health and Safety at Work Act following a near year-long investigation into the incident.
The maximum penalty is a fine of up to $1.5 million.
Maritime New Zealand is now seeking victim impact statements from those on board at the time.
'The investigation took 12 months; it involved reviewing the operator’s organisational information relevant to processes and procedures connected to safety and maintenance management, undertaking interviews and examining the Kaitaki after the incident occurred,' Maritime NZ Director, Kirstie Hewlett says.
At the time, Wellington harbour pilot Steve Banks, the former president of the Maritime Pilots Association said it was a warning sign that worse things can happen.
He had raised concerns with authorities in 2004, when the first suggestions were raised about replacing harbour tugs with ones designed for just in-harbour work and not equipped for open water rescues.
Trouble has plagued the ferries with Aratere grounding near Picton 11 days ago and having to be refloated after a loss of steering.
The sailing was freight-only, with eight commercial drivers and 39 crew aboard. The ship has power and supplies. Nobody was injured.
The Transport Accident Investigation Commission has launched an investigation.
Troubled waters:
1998: The $106 million Aratere is built in Spain. Within a year of its delivery, the crew dub it 'El Lemon'.
1999: Power failures bring Aratere to a standstill in February and May. In September, smoke in the engine room sends 250 passengers and 40 crew scurrying to emergency stations.
2000: A liferaft falls off while docked in Wellington in June. In December, it blows a piston engine.
2004: Passengers on Aratere have a nightmare eight-hour journey from Picton to Wellington after the ship breaks down in mountainous seas.
2006: Aratere rams the trawler San Domenico in high winds in July while berthing in Wellington Harbour. In February, the Arahura loses power while in Wellington Harbour with 200 passengers on board.
2011: Aratere sails for Singapore for $54 million refit. Returns behind schedule, with rats on board. On November 7, all three Interislander ferries were out of action at once.
2013: Aratere loses one of its propellers in Cook Strait, putting it out of action for the busy summer season.
2023: The Kaitaki lost power and drifted towards rocks in Wellington in January. Two harbour tugs raced to the rescue but would have been almost powerless to help of the ship as the capital had got rid of tugs with open water salvage capability.
Government declines ferry funding
2023: The National coalition Government declines a $1.4b funding request from KiwiRail in order to replace its ageing Interislander fleet. KiwiRail had given a contract to Hyundai Mipo Dockyard to build two rail-enabled ferries but projected costs had blown out due to upgrading harbourside infrastructure in Wellington and Picton, including to accommodate new larger ferries.