Charges Filed By Maritime NZ Against KiwiRail Following Investigation Into 2024 Ferry Grounding
The Aratere grounded just north of Picton on 21 June last year, it had 47 people on-board at the time. Thankfully, all passengers and crew were safely returned to shore. The ferry was re-floated the following evening.
Maritime NZ's Chief Executive, Kirstie Hewlett, says the two charges filed against KiwiRail under the Health and Safety at Work Act 2015 relate to failures by the operator to keep crew and passengers safe while on-board the ferry.
'This was a complex incident and important investigation given it focussed on KiwiRail bringing in new systems to older vessels and broader safety management. It required us to look at systems, policies and procedures, culture, within KiwiRail in relation to the incident. A significant number of interviews were conducted, as well as collating and reviewing a substantial amount of relevant documentation and evidence.
'The time taken to undertake this investigation, collate and review the evidence, and decide on compliance action is consistent with other complex and major incidents.
As we have now filed charges in court, we cannot talk about what our investigation found,' Kirstie Hewlett says.
Note:
Charges:
Charge 1: s48 charge - in that it had a duty as a PCBU, namely to ensure, so far as reasonably practicable, the health and safety of those passengers and crew who would sail aboard the Aratere and that failure exposed crew members and passengers to the risk of death or serious injury. Maximum penalty $1.5m
Charge 2: s49 charge under HSWA - in that it had a duty as a PCBU, failed to ensure, so far as is reasonably practicable, the health and safety of those passengers and crew who would sail aboard the Aratere. Maximum penalty: $500,000
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
RNZ News
2 days ago
- RNZ News
Midday Report Essentials for Friday 15th August 2025
food transport 6 minutes ago In today's episode, the Supreme Court has found riverbeds can be included in Maori customary marine title - if other legal tests are meet; Neighbours have detailed the moments following the police shooting a couple in Christchurch on Wednesday night; KiwiRail and the government have confirmed how much it has cost to breaking the contract with South Korean shipbuilders of the scrapped iRex Ferries; The knives were out in Auckland on Thursday night as the country's finest butchers showed off their skills at the National Butchery Awards.
Scoop
5 days ago
- Scoop
Almost Half Of New Zealanders Are Illegally Crossing Railway Tracks, Says Report
A new report commissioned by rail safety charity TrackSAFE has found that almost half of New Zealanders admit to walking on railway tracks without using a legal crossing. Forty-five per cent of those surveyed by AK Research said they had walked on or across railway tracks without using a designated railway level crossing, which is considered trespassing. Crossing railway tracks anywhere other than a level crossing, where the railway and road intersect, is unsafe and illegal. Under the Railways Act 2005, the only lawful place to cross tracks is at an official crossing point. Doing so elsewhere can carry fines of up to $10,000. TrackSAFE Foundation Manager Megan Drayton is deeply concerned by the response. 'Last year alone, KiwiRail staff reported 642 trespass incidents and of those, 60 were near misses with pedestrians,' she says. 'The unreported number is undoubtedly much higher.' According to the research, those who had walked on or across the railway tracks without using a level crossing mainly did so as they thought it was quicker, or because they did not think there was an official crossing nearby. Some also mentioned they did not think it was dangerous, or that they knew of others who did it. The new research highlights the importance of this year's rail safety campaign, launching in Parliament today at the start of Rail Safety Week. The campaign has a clear message to the public: 'Stay off, stay safe. Tracks are for trains.' 'Trespassing on railway property remains a persistent problem in New Zealand and worldwide,' says Ms Drayton. 'Where we face our greatest challenge is not just ignorance of the law, but a deeply ingrained complacency about the risks of trains.' 'Trains can appear at any time whether they are expected or not. They travel faster than they appear to and take much longer to stop than people realise.' KiwiRail Chief Executive Peter Reidy says we need to shift the narrative around rail safety to prevent tragedies. 'Every one of us has a role to play in preventing harm on our railway. Speak up when you see unsafe behaviour, model safe habits and advocate for better education, especially in communities where rail runs close to schools or homes.' Rail Safety Week is coordinated by KiwiRail and TrackSAFE in close partnership with NZTA Waka Kotahi, NZ Police, Auckland Transport, Auckland One Rail, Greater Wellington Regional Council, Transdev Wellington, councils and supporting organisations and schools throughout New Zealand.
RNZ News
26-06-2025
- RNZ News
KiwiRail staff 'overworked' when machine derailed in Auckland, TAIC says
File pic Photo: RNZ / Samuel Rillstone KiwiRail staff were "overworked and under supported" when a railway maintenance machine derailed at an Auckland tunnel, the Transport Accident Investigation Commission (TAIC) says. Three linked tamper machines came off the rails in Purewa Tunnel shortly after midnight on 9 November, 2023 after a section of track had been removed. A tamper is a railway maintenance machine that lifts and aligns track while compacting the ballast beneath the sleepers, to create a smoother path for trains. None of the crew or any track workers were injured, but the machine was badly damaged. The TAIC report, released on Friday, explained how train controllers and track officers were kept in the dark about a gap in the railway. The train controller, the worksite's rail protection officer for the worksite and four train crew members were all unaware of the report said the driver of the lead machine saw the missing rails but could not stop in time. "[The tamper] was unable to stop before driving off the end of the track and into ballast, where it travelled for 16.4 metres before stopping. The rear two machines were able to stop and remain on the track." Staff aware of the missing track did not properly communicate it to key personnel. "Safety-critical information about the removal of the track within the project area was not provided to the track protection team because the key staff who were responsible were absent," the report said. "Key staff were unsupported while working in safety-critical roles and had very high work volumes." In a statement, TAIC acting chief investigator of accidents Louise Cook said the accident was preventable. "There were no engineering protections in place - nothing automatic to stop a train or to warn that rails weren't in place. Engineering controls are more reliable than rules and procedures that govern human behaviour. "We've recommended KiwiRail require such protections wherever tracks are impassable - like in the Purewa Tunnel that night, where the track had been removed for repairs. "Authorisation for the rail movement relied on people applying rules and procedures. But those failed because safety-critical staff were overworked, and the people who knew the track was gone were unavailable and hadn't communicated crucial information." The commission recommended KiwiRail review and improve its process for authorising rail movements within worksites to ensure the safe movement of all rail traffic and personnel within protected work areas. The recommendations included the "verification of track integrity and the sharing of and access to safety-critical information". KiwiRail has also been called to review and improve its rules and procedures relating to track maintenance work. Lastly, it was being asked to review its national project management structure to ensure there was sufficient oversight of and ongoing support for all project staff. KiwiRail accepted all of the commission's recommendations. Sign up for Ngā Pitopito Kōrero , a daily newsletter curated by our editors and delivered straight to your inbox every weekday.
