Maritime New Zealand has decided not to take prosecution action against anyone related to the Kaikōura whale boat tragedy following an investigation.
Five members of a nature photography group were killed aboard the i-Catcher on September 10 last year when it capsized off Goose Bay near Kaikōura. They had inhaled petrol fumes in the boat's upturned hull.
The boat likely capsized after coming into contact with a whale, a previous Transport Accident Investigation Commission (TAIC) investigation concluded.
Now, after a "complex and fulsome" investigation, Maritime NZ has decided not to pursue legal action "against any individuals, organisations and PCBUs".
Charter boat i-Catcher capsized near Kaikōura in September last year, killing five of the 11 onboard. (Source: 1News)
Investigators spent time reviewing the scene and the conditions, interviewing witnesses, commissioning an independent survey of the vessel, checking the safety equipment and collating and reviewing the operator's documentation.
"The investigation looked at the potential cause for the vessel to capsize, the fuel leak and how the organisations and individuals involved managed their responsibilities," Maritime NZ's Deb Despard said.
Maritime NZ's findings mostly reflected the one made by TAIC, saying a whale hitting the i-Catcher as it surfaced was the likely cause.
"The survivors, families of the victims, and those involved have been informed of the decision not to prosecute any of the parties involved."
In TAIC's report, it was found the petrol almost certainly leaked from flaws in the vessel's fuel system.
"A pipe connected to the secondary fuel tank vent hose had a hole that was the main source of leaked fuel," the report stated.
There was another leak from the primary fuel tank vent hose — a critical component to ensure a secure connection to the fuel take — which also wasn't secured with a hose clamp.
They raised issues about how vessels' fuel systems are inspected by maritime surveyors.
"Particularly the parts of the system that cannot be seen and easily accessed because they are under decks or behind bulkheads."
Despard said: "We are currently prioritising work on guidance for the industry to remind them about considerations raised in the August TAIC report."
"This includes working with recognised maritime surveyors to ensure they are looking for the right issues when surveying vessels.
"Our targeted advice to the sector and surveyors will make a difference by improving the understanding of potential risks around fuel systems."
Maritime NZ is also working to develop "on-the-water safety initiatives skippers and crew on trips such as this can undertake to assist those on-board should something the vessel encounter trouble".
"Our people are currently working on advice, and we expect it to go to the sector in the coming months," she said.
While the Maritime NZ investigation has been completed, the full TAIC report is expected to come "in due course".
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