Capsize survivor says lifejacket bylaw change doesn’t go far enough

Nick Du Preez told 1News he would not be here today if he hadn't been wearing his life jacket (Source: Supplied)

A boatie who survived after his vessel capsized while crossing the Manukau bar in 2024 says an Auckland Council proposal to make life jackets compulsory does not go far enough.

The council was reviewing its Navigation Bylaw 2021, with changes that would make it mandatory for everyone on vessels under six metres to wear lifejackets while underway, removing the skipper’s discretion. The proposal would bring Auckland into line with neighbouring regions.

Councillor Alf Filipaina, who sits on the bylaw review panel, said the change reflected the reality of boating risk.

“Some people might find this rule inconvenient at first — as people did when mandatory seatbelts or bike helmets were introduced — but we have heard from many water safety organisations that this simple change will save lives,” he said.

“We know the vast majority of boating fatalities in New Zealand happen on small boats, where the victim is not wearing a lifejacket. Even though they might have had one on board, accidents can happen very suddenly.”

Du Preez clings to his capsized vessel moments before he is winched to safety by the Westpac Rescue Helicopter.

Experienced boatie Nick Du Preez told 1News he knew all too well how quickly things could go pear-shaped.

He still remembers the moment his boat went over down to the minute — 1.45pm, April 28, 2024.

Du Preez was crossing the Manukau Bar with his mate on a “relatively calm day”.

“The wave in front of me just disappeared on me, and my bow dug in. And then the wave from behind caught up with me and overturned me," he said.

Within seconds, he and his mate were in the water. He was briefly stuck under the boat’s hardtop before his mate pulled him out.

“Within 20 seconds of things starting to go wrong, we were clinging to the upturned hull of the boat.”

From there, the two waited in the water until they were rescued. Du Preez was winched to safety by the Westpac Rescue Helicopter, while his mate had been taken by a member of the public on a jet ski.

He said the incident showed how quickly things can go wrong at sea.

“You've got absolutely no time to make a Mayday radio call. I couldn't even grab and activate my EPIRB — that was mounted on my dash next to my steering wheel. That is how fast things happen.”

Du Preez said he has no doubt lifejackets saved his life.

“I've got absolutely no doubt in my mind.”

The remains of the boat washed up after capsizing during Nick Du Preez's attempt to cross the Manukau bar.

Limiting law to vessels under 6 metres ‘just not the answer’

Du Preez supported the bylaw change but said limiting it to vessels under six metres missed the reality of modern boating.

The 6.5-metre boat he was in would not have been covered under the proposed rule.

Lifejackets should be compulsory to wear on any boat you can tow with a trailer, he said.

“More and more people are getting bigger and bigger boats.

“Seven-and-a-half meters is a standard-sized boat now, so that means I don't have to wear a life jacket and it's a skipper’s choice. Not all skippers are safety conscious.”

Du Preez believed there was a “she’ll be right” attitude in New Zealand, as well as an idea that life jackets were inconvenient and restrictive, which kept people from putting them on.

But he’s seen enough in his twenty-odd years of being a boatie to know disaster can happen to anyone at any time, in an instant.

“We’ve got to respect the ocean," he said.

“Give emergency services the time to save you or the chance to save you when something goes wrong by wearing your life jacket.”

According to Water Safety New Zealand, of 441 craft-related drownings between 2000 and 2025, 76% involved people not wearing lifejackets. In Auckland, that figure rises to 87%.

Public submissions on Auckland’s proposed bylaw changes are open until June 7.

Both Coastguard and Water Safety NZ have consistently campaigned for stricter rules around the wearing of lifejackets at both the national and regional levels.

Parliament’s transport and infrastructure committee was considering a bill that would make wearing lifejackets compulsory for all Kiwis on vessels under 6m.

It was amended to include people of all ages after initially only applying to those under 15.

In a submission to the bill, Water Safety NZ welcomed the amendment but said it remained concerned “the proposed 6m vessel length threshold creates an unnecessary layer of complexity and leaves a significant portion of the boating community at risk”.

Du Preez said enforcement and education were both needed to change behaviour.

"This will give the authorities the means to be able to do a bit of enforcement. And by doing a bit of enforcement and education ... people's behaviour will change."

"You need to have a bit of a stick and carrot approach — the carrot is the education bit and the stick is: you haven't done it, here's your lashing."

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