Four fishing vessel charter operators have been convicted and fined after being caught working illegally outside their safe operating limits, following a crackdown by Maritime New Zealand (MNZ).

In written decisions issued by District Court Judge DJR Holderness on 7 August, the operators – Bay Fishing Charters Ltd, Lance Goodhew, Cascade Charters Ltd, Reel Passion Charters Ltd and its Director, Mark Andrew Hoare – received fines ranging between $2000 and $4750 for operating between 5.5 nautical miles (10km) and 17.1 nm (31km) beyond their vessels’ safe operating limits without the appropriate maritime document. All four pleaded guilty to the charges brought by MNZ under section 68 of the Maritime Transport Act (MTA).

Director of MNZ, Catherine Taylor, said the convictions followed MNZ’s “Operation Melt” conducted in August 2008, in which the operators were photographed outside their certified limits off the South Island’s West Coast during surveillance by the Royal New Zealand Airforce. In the most serious breach, Reel Passion Charters Ltd Director Mark Hoare, was caught on 20 and 27 August operating his vessel Reel Passion just over 17 nm (31km) beyond its 20 nm (37km) allowable operating limit.

In sentencing Hoare, Judge Holderness noted the Safe Ship Management (SSM) system was designed to protect commercial vessels and the lives of those on board them. Aggravating factors in the offending included the fact there had been two breaches with seven days, as well as the distance travelled by the skipper outside the vessel’s limits – almost twice what it had been certified for. Hoare was convicted and fined a total of $4750 for both charges and ordered to pay court costs and solicitors fees of $130 and $250 respectively. The company was convicted and discharged. Also convicted and fined were:

Bay Fishing Charters Ltd, one S68 MTA charge for operating without the appropriate maritime document on 27 August 2008: Fined $2000 + court costs of $130 and solicitors’ fees of $250.
Lance Goodhew, one S68 MTA charge for operating without the appropriate maritime document on 27 August 2008: Fined $2000 + court costs of $130 and solicitors’ fees of $250.
Cascade Charters Ltd, one S68 MTA charge for operating without the appropriate maritime document on 20 August 2008: Fined $2000 + court costs of $130 and solicitors’ fees of $250.

"This is about operating within the assigned safe limits of the vessel. These are specified on each vessel’s SSM certificate and give the maximum distance for operations from shore,” Ms Taylor said. “The simple message to all commercial operators is that the unsafe practice of breaching operational limits can put lives at risk and won’t be tolerated."

Sentencing notes on Reel Passion Charters Ltd [PDF: 47Kb, 8 pages]
Sentencing notes on Bay Fishing Charters Ltd [PDF: 39Kb, 7 pages]
Sentencing notes on Cascade Charters Ltd [PDF: 36Kb, 6 pages]
Sentencing notes on Lance Goodhew [PDF: 42Kb, 7 pages]

For further information contact:
Maritime New Zealand Media Line
Phone 04 499 7318

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