Maritime New Zealand v Wilson [2019] NZDC 3584

Published 20 July 2021

Operating a ship in manner causing danger or risk — excess speed in restricted zone — Maritime Transport Act 1994 — Police v Leck [2010] DCR 772 — Stumpmaster v Worksafe New Zealand [2018] NZHC 2190. The defendant appeared for sentence having pleaded guilty to a charge of operating a ship in a manner causing unnecessary danger or risk to other persons. The defendant was employed as the master of a passenger ferry. The defendant grounded the ferry on a rock while travelling 17 knots, in excess of the speed restriction of 5 knots for that area. Significant damage was caused to the ferry, but the vessel remained watertight and no passengers required medical attention. The Judge considered prior case law and the submissions from counsel and set a starting point of $2,500. The defendant received a discount for his lack of previous convictions, his co-operation and early guilty plea. The end sentence was a fine of $1,688. Judgment Date: 14 November 2018.