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M AR I TI M E NEW ZEAL A N D SMOOTH RESCUE OPERATION ENSURES WINDIGO CREW SAFE SEALORD: $63,400 HEALTH AND SAFETY FINE Two injured people from the damaged yacht Windigo are safely back in New Zealand after a co-ordinated effort by the cargo ship Chengtu, Search and Rescue, fellow yachties, the New Zealand Navy, and the New Zealand Air Force. The 11.6m yacht was 700km southwest of Tonga and 1260km northwest of New Zealand after leaving Tonga two days previously, when the vessel rolled and both people aboard the Windigo sustained mild to moderate injuries. Search and Rescue Mission Co-ordinator Keith Allen from the Rescue Co-ordination Centre New Zealand said heaving lines were lowered from the cargo vessel Chengtu in high seas, to the damaged yacht, and the 52-year-old British man and the 43-year-old Auckland woman were pulled aboard before rendezvousing with the Navy vessel HMNZS Otago. The Royal New Zealand Air Force provided a P3-Orion that made three trips to the stricken yacht providing their only communications link. A French naval plane made two trips from Noumea to the scene and a Croatian couple in another yacht sailed to the location to offer support. Keith Allen said, ���This is the outcome we have been working towards since the emergency beacon was activated on Wednesday afternoon. It is the result of an excellent co-ordinated effort involving the RNZAF, which provided a link for the two people on the Windigo when there was no other means of contact, and the Navy, and I would also like to express my appreciation to the captain of the Chengtu and the crew of the Adventure Bound for their efforts.��� Sealord were fined $63,400 and ordered to pay reparations of $12,500 in the Nelson District Court, after a fisherman working on board one of their vessels fell through a hatch, rupturing his spleen. Sealord pleaded guilty in September 2012, to one charge of failing to ensure the safety of an employee, under Section Six of the Health and Safety in Employment Act 1992. On October 2, 2011, factory hand James Billingham was helping prepare the vessel Ocean Dawn for departure from Nelson. While attempting to remove the bungs under the hatch cover, he overbalanced and fell approximately five metres into the ship���s hold. He was taken to hospital where he was diagnosed with fractured ribs and a sprained thumb. Later that day he was suffering severe abdominal pain and returned to hospital where he underwent emergency surgery to remove his spleen. Maritime NZ director Keith Manch said the sentence sends a clear message to operators that health and safety is to be taken seriously MAN SENTENCED TO COMMUNITY SERVICE AFTER CERTIFICATION BREACHES Maritime New Zealand has brought charges against operators of the fishing vessel Nancy Kay II for operating without holding a Safe Ship Management certificate. Valentine Croon Junior and the Nancy Kay II Fishing Company Limited each pleaded guilty to 34 charges in the Chatham Islands District Court on Tuesday November 6, and were sentenced to 140 hours community work and the company penalised $7500 in commercial gain. Croon had arranged for the Nancy Kay II to be surveyed in March 2011, before the expiry of its certificate in October 2011. The survey noted a number of deficiencies, namely welding and replacing the propeller shaft, which had to be addressed before a new SSM could be issued. The Nancy Kay II was then used for commercial crayfishing through December 2011 to February 2012, and was detained by Maritime NZ in March 2012. Croon stated the welding had been completed and the propeller shaft replaced and the vessel would go back ���in survey��� after this. When the vessel was inspected the following week, several new deficiencies were identified, and some were still outstanding from the initial survey in March 2011. Maritime NZ Maritime Investigator Domonic Venz says, ���Maritime laws are in place to help keep people safe. Compliance with the law isn���t an option ��� it���s a cornerstone of the fishing industry and there���s no room for those with cavalier attitudes towards safety.��� The Nancy Kay II Fishing Company Limited also had solicitor���s fees of $2000 and court costs of $132.89 imposed on it. The maximum penalties under the Act are a fine of $10,000 or 12 months��� imprisonment for the defendant, and a fine of $100,000 under each charge for the defendant company. Judge Tony Zohrab told the court Sealord had failed to take all practicable steps to ensure the safety of employees on board. Maritime NZ director Keith Manch said the sentence sends a clear message to operators that health and safety is to be taken seriously. ���Had a proper hatch guarding been in place, it���s clear Billingham wouldn���t have fallen in this case. Just identifying the hazard, and minimising it by informing employees, as Sealord had, isn���t enough. The legislation clearly states steps must first be taken to eliminate or isolate the hazard, before minimisation can be considered. Maritime New Zealand is committed to improving the safety of the fishing industry by whatever means necessary. Prosecution is generally used as a last resort, but in situations like this, it is the most appropriate course of action, and I welcome the sentence.��� The maximum penalty for this offence under the Act is a fine of $250,000. THE RIGHT RADIO GEAR SAVES LIVES The crew of the 13.7m (45ft) New Zealand yacht Freedom Hunter, 54km east of North Cape en route from Fiji to Opua in November, radioed for help when their boat began taking on water and lost power. The Northern Emergency Services Trust helicopter from Whangarei was initially asked to winch pumping equipment to the crew but conditions were unsuitable. Rescue Coordination Centre New Zealand then dispatched the New Zealand Coastguard vessel Bay Rescue with pumping equipment, and the sloop with three people aboard, was escorted to Mangonui. A French yacht also rendezvoused with the Freedom Hunter, shadowing her during the night. Coastguard duty officer Ray Burge says the crew were fortunate to have the right radios on board, ���Some boaties try to use cell phones instead of radios which often delays the rescue response and can be extremely dangerous.��� Burge says Freedom Hunter���s crew were experienced and grateful for the rescue. January/February 2013 Professional Skipper 61