Skipper who crashed into Northland ferry ordered to pay more than $130k to victims


Boatie who sank Russell ferry is sentenced

James Petrie Thomson in the Auckland District Court for last month’s sentencing hearing.
Photo: RNZ/Nick Monro

The skipper of a power boat who crashed into a passenger ferry in the Bay of Islands has been ordered to pay his victims more than $130,000 in reparations.

Auckland man James Thomson was driving a power boat near Russell at more than 20 knots on 13 April last year when he struck the historic ferry Waitere with 19 people on board.

The power boat, the 9.8m Onepoto, struck the Waitere, also known as the Blue Ferry, side-on.

The crash penetrated the wheelhouse and leaving the ferry skipper, Bill Elliott, with critical head and spinal injuries.

One passenger was thrown into the water while others received minor injuries.

The 90-year-old wooden ferry sank about an hour after the collision.

Thomson had earlier pleaded guilty to one charge of operating a vessel dangerously and appeared for sentencing in the Auckland District Court on 17 June.

In a reserved sentence released on Tuesday, Judge Nick Webby ordered Thomson to pay his victims emotional harm reparation of $128,000 and consequential loss reparation of $3200.

Thomson told the court he had been distracted by an engine alarm sounding from a display unit next to the helm, and had failed to see the Waitere approaching from his starboard side.

He was travelling in open waters at about 20.5 knots at the time.

Passengers on the stricken Waitere are helped onto another ferry on 13 April 2023. The damaged vessel sank about an hour later.

Passengers from the badly damaged Waitere are transferred to another ferry to bring them back to shore.
Photo: Supplied

The prosecution was brought by Maritime New Zealand with the charge of operating the Onepoto in a manner that caused unnecessary danger laid under the Maritime Transport Act 1994.

Maritime New Zealand manager of general regulatory operations Jason Lunjevich said it was a serious incident that could have been avoided.

“Our thoughts and sympathies go out to the skipper of the Waitere and his loved ones, and to other victims affected by this incident.”

“Had the Onepoto skipper given full attention to keeping a look out for other vessels and hazards, and had he been travelling at a safe speed while dealing with the alarm, this incident and the injuries sustained from it could have been avoided,” Lunjevich said.

“The message for other skippers is, it is your responsibility to stay alert for other boats, craft, swimmers and hazards. Staying alert and keeping a look out prevents collisions and the consequences that they can cause.”

He acknowledged Thomson had expressed remorse and accepted responsibility for the incident by cooperating with the investigation and pleading guilty at the first opportunity.

Lunjevich also praised local emergency services, the harbour master, commercial maritime operators and bystanders who responded to the incident, rescuing the skipper and ferry passengers before the vessel sank.



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