Maritime New Zealand prosecutes KiwiRail for 2024 Aratere grounding
Maritime New Zealand announced the filing of two charges against KiwiRail under the Health and Safety at Work Act (HSWA), after a nearly yearlong investigation into the grounding of the Interislander ferry Aratere north of Picton in June 2024.
The Aratere ran aground after the execute button on a recently installed steering control system was pushed early by accident, and the crew were unable to disengage the autopilot which steered the vessel onto a starboard course towards land. Despite the crew engaging virtually every system known to them to restore manual control of the steering, but with control over the power to the engines, the vessel ran aground at three knots while decelerating and going hard astern. There were no injuries and only minor damage to the bulbous bow of the vessel.
Late last year the Transport Accident Investigation Commission (TAIC) released an interim factual report into the event, which sets out critical factual findings and recommendations to minimise the risk of a similar event reoccurring.
Dawson and Associates represented the bridge crew of the vessel through the investigation process and advocated for their interests throughout the numerous complicated interviews and reviews of evidence.
This event, and the resultant prosecution, highlights a number of crucial points that apply to any commercial vessel operator.
Training
Training is hugely important for crew, both new and old, especially where new systems are being installed or upgraded to a vessel. Operators have obligations under HSWA to take all reasonable steps to manage workplace risk, and ensuring crew are properly familiarised with the operation of vessel systems, including fail safes, is an important facet of this.
Operators are therefore strongly recommended when procuring new equipment and managing the installation to consider training implications, and making sure crew have access and time to properly engage with training materials and resources. Similarly, ensuring that proper records are kept, to demonstrate crew competencies, reinforce learnings, and identify crew who may not adequately meet requirements.
Understand responsibilities
Beyond training, having a clear understanding of roles, job descriptions, and responsibilities is important so that crew, both individually and collectively, understand the functions, tasks, and limitations of any given crewmember in a particular context.
This requires careful thought as to organisational structure, job descriptions, and internal transparency as to what an individual is authorised to do (and not do). This connects with training to ensure that crew are verifiably trained in the tasks and functions they are approved to discharge.
Clear systems and processes
Commercial operators are required to have safety management systems (SMS) that outline the processes and policies for operating in the workplace in a safe manner. Understandably the complexity of such systems will vary depending on the scale of any given operator, but regardless of size it is highly important that all key systems and their processes are clearly laid out and adhered to.
It is highly recommended to operators that a mindset of “continuing improvement” be applied, and that feedback for improvements of the systems themselves, as well as the implementation and training in them, is regularly sought and reviewed.
Risk mitigation
As part of the development and continuing improvement of a SMS, risk profiles will be attached to different systems. Where there is an especially high degree of risk associated with a particular system, operators will generally be expected to put in place controls to mitigate this risk.
Such controls may be procedural, physical, or both, with obvious examples being putting covers on sharp or fast-moving components to minimise the risk of catching, and providing additional training and warning signs around those systems to alert people to the risk. Similarly, where there are “near-misses” and a control may have potentially failed to completely avoid harm, a comprehensive review structure needs to be in place to ensure that learnings are recognised and implemented to provide up to date and relevant controls to workplace health and safety risks.
Executive level engagement in health and safety
Finally, the Aratere prosecution and the conviction of Ports of Auckland CEO Tony Gibson both highlight the critical importance of executive level engagement in health and safety matters. To this end, a culture of health and safety must be propagated and perpetuated within an organisation, with data about risks, mitigation, and responses being constantly reviewed and verified. This applies to all levels of an organisation and will contribute to the development of an integrated and comprehensive approach to health and safety, training, and safe operation of vessels.
If you have any questions about Maritime New Zealand investigations and prosecutions, HSWA obligations in a commercial maritime context, or have been involved in a maritime incident, please contact Peter Dawson on +64 27 229 9624 peter@maritimelaw.co.nz or Troy Stade on +64 27 368 6730 troy@maritimelaw.co.nz.