Auckland boatie to pay $16k after diver suffers cuts, concussion

March 9, 2023
Water (file image.)

An Auckland boatie must pay $16,000 after leaving a diver with cuts to his head and a concussion.

Shaun Hollinger was skippering Rain or Shine, a 5.4m recreational vessel, when the incident occurred near Little Barrier Island in January last year.

Another recreational vessel — AWOL — had seven people onboard and some of them were diving in the area.

A diving flag was up to warn other vessels there were people in the water. Vessels within 200m of the flag are meant to slow down to five knots.

Maritime New Zealand said Hollinger saw the flag but didn't slow down to the required five knots and was instead doing about 10 to 13 knots — more than double the permitted speed limit.

Passengers on AWOL say they heard a bang and a diver surfaced beside Hollinger's vessel, yelling for help.

He suffered cuts to his head and had a concussion.

Maritime New Zealand's Jason Lunjevich said the incident was "completely avoidable and needlessly put a diver at serious risk of injury".

Hollinger was sentenced in the Auckland District Court under the Maritime Transport Act for operating a vessel in a manner which caused unnecessary danger or risk to another person.

He was ordered to pay $10,000 in emotional harm reparations and $2429 in consequential losses. He was fined $3600.

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