The Enchanter fishing vessel. Photo: enchanter.co.nz
The families of the men who died in last year's sinking of the fishing boat Enchanter have taken part in the first hearing of the case against the skipper charged in relation to the tragedy.
But the skipper himself, Lance Goodhew, did not attend the court hearing.
Maritime New Zealand is leading a prosecution against Goodhew, 58, and his company L and M Goodhew Ltd following the capsizing off North Cape on March 20, 2022.
Goodhew, of Coopers Beach, owned and operated the Enchanter at the time of the sinking, which left five men dead.
While Goodhew's appearance was excused due to a prearranged trip, the case was called in the Kaitāia District Court on Thursday.
The hearing began with Judge Taryn Bayley acknowledging the five men who died in the boating incident.
Those men were Geoffrey James Allen, 72, Michael Patrick Lovett, 72, Richard Eldon Bright, 63, and Mark Keith Walker, 41, all from Cambridge, and Mark Kenneth Sanders, 43, from Te Awamutu.
The judge also acknowledged the families and friends of the men who attended the proceedings via audio-visual link.
Goodhew is charged with breaching his duties as a worker on the vessel and in doing so allegedly exposed individuals to a risk of death or serious injury. The charge carries a maximum penalty of a $150,000 fine.
His business, which trades as Enchanter Charters Ltd, is charged with operating a ship without the prescribed qualified personnel. It alleged Goodhew did not have a medical certificate at the time of the incident.
The business is also charged with allegedly failing to address voyage and passage planning in its Maritime Transport Operation Plan, and allegedly failing to identify and address the risks arising from the trip.
By failing to take those steps, the business exposed individuals to a risk of death or serious injury, the charge, which carries a maximum penalty of a $1.5 million fine, alleged.
In court, defence lawyer Stacey Fraser acknowledged the death of the men on behalf of Goodhew.
She said her client was not yet in a position to enter pleas to the charges.
Fraser made an application requesting an amendment be made to the charge filed against Goodhew. The prosecution stated it wanted time to consider the application.
Judge Bayley adjourned the matter until June 19 when the application will be heard. She said Goodhew will need to appear in person and pleas would be expected.
"There is to be no further delay," she said.
A weather warning was issued two days after the Enchanter left on a five-day trip to the Three Kings Islands last year.
A rogue wave is understood to have hit the boat. The alarm was first raised when an emergency locator beacon was set off at about 8pm.
Part of the Enchanter fishing vessel which sank off the North Cape. Photo: Supplied / Auckland Rescue Helicopter Trust
The survivors, including Goodhew, were in the water for about four hours before they were rescued.
Lance Donnelly a pilot of 30 years, attended the scene and later said it was "the most extreme, most challenging rescue I've ever done".
Almost a month later, a Northland Regional Council vessel, professional divers and dive bags were able to float the wreckage to the surface from 26m below sea level.
The Transport Accident Investigation Commission went on to conduct an inquiry into the sinking, alongside Police and Maritime NZ.
This story first appeared in the New Zealand Herald.