MNZ Throws the Book at 'Easy Rider' Owners

October 9, 2012

Maritime New Zealand brings charges relating to the 'Easy Rider' accident when eight people lost their lives.

(Background: The fishing boat 'Easy Rider; capsized off New Zealand's southern coast earlier this year while carrying passengers).


MNZ has laid five charges against the company that operated the vessel, AZ1 Enterprises Limited, and five against Gloria Davis, in her capacity as a Director of AZ1 Enterprises.  The charges have been laid under the Maritime Transport Act 1994, the Health and Safety in Employment Act 1992 and the Crimes Act 1961.

The charges against AZ1 Enterprises Limited are:

    •   That it operated the ship “Easy Rider” knowing that a current maritime document namely a master holding a skippers certificate was required before it could be lawfully operated and knowing that the appropriate skipper’s certificate was not held.
    •    That it caused or permitted the ship “Easy Rider” to be operated in a manner which caused unnecessary danger or risk to the persons on board.
    •    That as an employer it failed to take all practicable steps to ensure that no action or in action of any employee while at work harmed any other person on board “Easy Rider”.
    •     That as an employer it failed to take all practicable steps to ensure the safety of its employees while at work on board the “Easy Rider”.
    •     That as principal it failed to take all practicable steps to ensure that no contractor or subcontractor was harmed while doing work on board “Easy Rider” that he was engaged to do.

The charges against Gloria Davis are:

    •    That she operated the ship “Easy Rider” knowing that a current maritime document namely a master holding a skippers certificate was required before it could be lawfully operated and knowing that the appropriate skipper’s certificate was not held.
    •    That she caused or permitted the ship “Easy Rider” to be operated in a manner which caused unnecessary danger or risk to the persons on board.
    •    That she, as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that employer company to ensure that no action or inaction of any employee while at work harmed any other person on board “Easy Rider”.
    •    That she, as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that employer company to take all practicable steps to ensure the safety of its employees at work on board “Easy Rider”.
    •    That she as a director of AZ1 Enterprises Ltd acquiesced or participated in the failure of that company as principal to take all practicable steps to ensure that no contractor or subcontractor was harmed while doing work on board “Easy Rider” that he was engaged to do.






 

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