Looking north across Kaikōura. Photo: RNZ / Samantha Gee
No one will be prosecuted over the fatal capsizing of a boat carrying bird watchers off the coast of Kaikōura last year.
Two hours into the excursion of the i-Catcher in September 2022, it capsized, killing five of the 11 passengers on board when they became trapped under the flipped vessel and exposed to petrol fumes.
Maritime New Zealand ruled the likely cause was a whale hitting the vessel.
It decided not to take any prosecution action against any individuals, organisations or businesses.
Maritime New Zealand deputy director regulatory operations Deb Despard said the investigation was "complex and fulsome."
"It involved visiting the scene, reviewing the conditions from that day, interviewing witnesses, commissioning an independent survey of the vessel, checking the safety equipment for the vessel, collating and reviewing the operator's documentation," she said.
Despard said it was still in the process of creating more guidance for the industry, especially around fuel systems.
"This includes working with recognised maritime surveyors to ensure they are looking for the right issues when surveying vessels," she said.
She said the next step included looking into safety initiatives to develop crews' abilities to help in similar situations.
Despard said it could expect the advice to be complete in the "following months."
A preliminary report by the Transport Accident Investigation Commission in August found petrol almost certainly leaked because of flaws in the 8 metre aluminium pontoon's fuel system, which had not been picked up in inspections.
The five people who died all showed symptoms of petrol exposure, consistent with inhaling and absorbing petrol fumes while they were underneath the boat.
Exposure can lead to "confusion, loss of consciousness and sudden death", the report noted.
The TAIC urged Maritime New Zealand in August to include a vessel's entire fuel system in boat surveys.
New Zealand Marine Transport Association executive officer Margaret Wind said thousands of boats had been built the same way so this had given rise to safety concerns.
Maritime said it informed the survivors and families of the victims on its decision not to prosecute.
Those who died were: Catherine Margaret Haddock, 65, and Susan Jane Cade, 63, of Lower Hutt, Diana Ruby Stewart, 68, Peter Charles Hockley, 76, and Maureen Patricia Pierre, 75, all of Christchurch. All were members of the Nature Photography Society of New Zealand.