The skipper of the Enchanter game fishing vessel which capsized off the Three Kings Islands in the Far North has been found not guilty of a charge relating to the tragedy, which killed five people.
Lance Goodhew, 59, was piloting the boat which left Mangōnui in March 2022 with nine other people on board on a boys fishing weekend.
The boat was struck by a rogue wave off Cape Brett, and Geoffrey James Allen, Michael Lovett, Richard Bright, Mark Walker and Mark Sanders drowned.
Maritime NZ charged Goodhew under the Health and Safety at Work Act with breaching his duties as a skipper and exposing individuals to a risk of death or serious injury.
But Maritime NZ dropped the three charges they'd laid against his business before the start of the trial. Goodhew had pleaded not guilty to all.
In delivering his verdict this morning at the Whangarei District Court, Judge Philip Rzepecky said it was a terrible tragedy and he couldn't be sure a reasonably careful mariner wouldn't have left the area of the Three Kings where it was sheltered from the weather.
Despite the Judge excusing all parties from appearing in person, Goodhew and his supporters were in court.
When the verdict was handed down Goodhew was emotional, tearing up and embracing his partner.
Outside court Goodhew said he was grateful for the judge's decision and his thoughts were with those who died.
"It was carefully thought out, he's realised it was a tragic accident which is exactly what it was and I'm glad he's seen it that way.
"My heart goes out to the ones who didn't come home. For them and their families, this doesn't give them much happiness at all but maybe a little bit of closure. It was a tragic accident and I'm glad it was seen that way."
Throughout the trial the court heard from the survivors as well as other experienced mariners.
Deckhand, Kobe O'Neill described the moment the wave struck as "being hit by a train".
Other survivors spoke of the weather improving throughout the day and said they were drinking beers, preparing for dinner and were fishing moments before the boat was capsized.
Maritime NZ argued the boat should never have left the Three Kings Islands where it was sheltered.
O’Neill, who was 20 at the time of the accident, said on the day the weather had been improving all afternoon. He’d gone to prepare dinner in the galley when the wave hit. His evidence was backed up by other survivors.
He said he was alerted to the impact by a "sudden thud of the wave and being thrown over". He wasn’t initially able to get off the boat, but the roof tore off which allowed him to escape.
Jayde Cook and Peter Shay Ward (known as Shay) were on the hull of the boat for several hours after capsize.
"Basically, [it was] like a grenade going off. Everything happening really quick — a lot of green water, a lot of bubbles. Next thing you know, we were on the surface,” Cook told the court.
Lance Goodhew was charged with failing in his duty after the boat capsized off the Three Kings, killing five men. (Source: 1News)
Ward had worked as commercial fishermen in Australia and the South Island and had been to Three Kings before. He agreed to go on the fishing trip with the others a year earlier with the prospect of catching kingfish as the main attraction.
While being questioned by Goodhew’s lawyer, Ward admitted he was impressed with the way Goodhew handled the boat and with the accuracy of his weather predictions.
The men said Goodhew had regularly briefed them on the weather conditions and gave them options and they made decisions as a group.
Goodhew didn't take the stand during the trial.
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