Two days later, on Valentine's Day, Mr Rusbatch's yacht Honfleur was found about 11 nautical miles east of Mayor Island, moving in slow circles with its engine going and its anchor trailing.
The yacht's stereo was turned on and set on high volume but no one was aboard. Mr Rusbatch's wallet and cellphone were on a bench and an unopened bottle of wine was in the sink.
Mr Bain said a police reconstruction had Mr Rusbatch mooring near Mayor Island on February 12 when he made a phone call to a friend in Wellington at 6.09pm.
The friend told the police Mr Rusbatch was moored about 300m off Mayor Island and he was watching seals swimming. Mr Rusbatch planned to leave for Great Barrier Island the next morning.
He thought Mr Rusbatch had been drinking from the way he sounded over the phone, Mr Bain said.
It is believed Mr Rusbatch attempted to moor elsewhere when weather conditions changed. The yacht's windlass winch was broken and the Honfleur was moving at a slow speed, with the anchor set at five metres in the water.
"That indicates he was seeking another place to anchor," Mr Bain said.
Mr Bain said it was likely Mr Rusbatch fell from the vessel and it would have been impossible for him to catch up.
"The police say he has either been too far off shore, become disoriented in the dark or suffered a medical event such as a heart attack," Mr Bain said.
"There is nothing to indicate anything had occurred on board the boat by way of injury."
Mr Bain found Mr Rusbatch died at sea on or about February 12, from presumed drowning and exposure.