Safety Failings Highlighted In Debbie Jane Case

A number of safety failings have been identified following the sentencing of a fishing vessel skipper in Christchurch.

Skipper David Atkinson has been sentenced in the Christchurch District Court, under the Health and Safety at Work Act, after the vessel Debbie Jane ran aground at Christchurch's Waimairi Beach, in December 2019.

The incident happened after Mr Atkinson became disoriented during a fishing trip between Akaroa Harbour and Nelson.

As well as David Atkinson, a 73-year-old retired teacher and a 41-year-old woman were also on-board. Neither of them had any commercial fishing experience; nor had they been thoroughly inducted before or after boarding the vessel.

Investigation's Manager at Maritime NZ, John Maxwell says several significant failings eventually led to the vessel running aground and the skipper and two crew needing to be rescued.

"David Atkinson's lack of knowledge about the vessel, its electronic equipment meant he was unable to make the right decisions when the vessel got into trouble, as it neared shore," John Maxwell says.

A lack of induction for the crew meant they were unable to assist either.

"It is essential crew are provided a thorough induction, including where to find and how to use safety equipment such as lifejackets and emergency position-indicating radio beacons (EPIRBS)," he says.

This did not occur on the Debbie Jane.

"If they knew where the beacons were, when to use them or how to request help, assistance could have come to the vessel before it reached land," John Maxwell says.

Skippers must also be mindful of their knowledge limitations and capabilities when skippering vessels, and of their maritime ticket and what it allows them to do.

Mr Atkinson, who was 66 at the time of the incident, held a coastal launch masters certificate but had not worked as a fisherman since 2004.

"Skippers who have spent a long-period of time off the water should look at training to familiarise themselves with being on the water again," John Maxwell says.

Court documents show he had two days as a skipper in 2018, employment that was cut short over concerns about his abilities on that vessel.

Sentencing note:

David Atkinson was fined $3000, plus $120 court costs.

In 2022, the owner of the vessel and sole director of Hatherly Fishing Limited, Jeremy Hatherly was sentenced under the Health and Safety at Work Act.

This was for failing to exercise due diligence to ensure HFL complied with its duty to ensure the health and safety of its workers. His failures included failing to assess Mr Atkinson's experience to ensure he was competent to skipper the vessel, failing to provide adequate training to the skipper and crew and not ensuring the safety equipment on the vessel was in working order.

He was ordered to pay $11,000 reparation to two members of the crew.

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