Huge freighters caught flouting island law

Poor Knights Islands chain from the south. PHOTO/Alan Tennyson Curator, Te Papa

Huge freighters breaching an exclusion zone around the Poor Knights Islands are playing "Russian roulette" with one of the best marine reserves in the world and making a farce of international maritime laws.

And Northland environmentalist Wade Doak, who helped set up the marine reserve, wants the authorities to take tougher action against those breaking the law before a maritime disaster puts the pristine waters around the islands under threat.

The Northern Advocate can reveal 17 freighters breached the international sea law and sailed into the exclusion zone around the islands last year and none was fined, although three remain under investigation.

There have already been two breaches recorded this year by Maritime New Zealand (MNZ) - which is responsible for policing the maritime exclusion zone around the island - with the latest being the African Dove on Sunday. The log ship, destined for China, had left Northport and was seen steaming on the inside of the Poor Knight Islands about 6.45pm. A short time later the vessel then turned due east, passing between the Poor Knights Islands and the Pinnacles, before heading off over the horizon.

Large vessels entering the zone are subject to a $12,000 fine and skippers a $2000 fine, but an infringement notice must be served when the vessel is in New Zealand waters. If the vessel breaches the rule when leaving New Zealand the infringement notice can be served when, or if, it returns.

MNZ said that, when deciding what action to take against those caught flouting the ban it considered a number of factors including the extent of harm or risk of harm, the conduct of individuals or groups being looked at, public interest and the attitude of those involved towards compliance. It would not comment specifically on why no fines were issued last year. The Northern Advocate obtained figures from MNZ that show between 2009 and 2014 there were 106 ships reportedly breaching the Poor Knights Islands zone.

Mr Doak, who campaigned for the law preventing ships sailing too close to the reserve, was astounded by the number of ships flouting the law and threatening an exceptionally vulnerable area.

He said it appeared the international laws of the sea were not being policed properly.

"If authorities don't do anything it's making a farce of the sea laws.

"These flagrant breaches are a very serious matter. It's now the international law of the sea and there has been enough time for people to get to know about it so start prosecuting," Mr Doak said.

In December 2004, the International Maritime Organisation declared the Poor Knights Islands a "Mandatory Area to be Avoided" - a ban requiring ships longer than 45 metres to keep at least five nautical miles east of the Poor Knights.

"If companies are not prosecuted and the word gets out, it just becomes accepted practise. We are play Russian roulette with our coast - sooner or later rough weather will combine with a ship in trouble," Mr Doak said.

He said the region and New Zealand did not have the resources to deal with a large oil or diesel spill. He pointed to the example of lack of resources in the case of the Rena in Bay of Plenty.

MNZ media adviser Steve Rendle said when a vessel crossed into an area to be avoided an Automated Identification System alert was generated at the Maritime Operators Centre.

Maritime Radio operators would then contact the vessel and direct them to leave the area, which happened in the vast majority of cases with the vessel having made only a minor incursion into the area.

Mr Rendle said there were about 7000 voyages - arrivals in New Zealand or voyages from port to port - around New Zealand every year.

Whangarei Harbourmaster recorded about 1000 ships passing through Whangarei Harbour a year at Northport and Marsden Point, but not all of them would go past the Poor Knights Islands.