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Home / Northern Advocate

Sentences looming for Mack Attack and Excitor III

Mike Dinsdale
Mike Dinsdale
Editor. Northland Age·Northern Advocate·
27 Mar, 2012 11:00 PM2 mins to read

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The operators of two high speed Bay of Islands tourist vessels - Mack Attack and Excitor III - will be sentenced next month for health and safety breaches that left four women with serious spinal injuries, including at least one with a broken back.

Intercity Group (NZ) Ltd, which operates the Excitor III has pleaded guilty to two charges laid under the Health and Safety in Employment Act 1992.

It admitted failing as an employer to take all practicable steps to ensure that no action or inaction of any employee harmed any other person over an incident on March 22, 2011 where a female passenger suffered serious spinal injuries; and failing as an employer to take all practicable steps to ensure that no action or inaction of any employee harmed any other person. This was in relation to a trip on January 12, 2011, where two female passengers suffered serious spinal injuries.

Seafort Holdings Ltd, which operates Mack Attack, pleaded guilty to failing to take all practicable steps to ensure no action or inaction of any employee at work harmed any other person; and failing to notify the Secretary of Transport of serious harm.

The charges relate to a trip on December 21, last year, where an Auckland woman received a broken back.

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Both companies will be sentenced on the charges in Auckland District Court on April 16.

Meanwhile, Richard John Prentice from Seafort Holdings Ltd has pleaded not guilty to charges laid under the Maritime Transport Act 1994 relating to a close quarters incident on January 5, 2011. The charges are: Operating a ship in manner which caused unnecessary risk or danger; and failing to notify Maritime New Zealand of a mishap resulting in serious harm.

Seafort Holdings Ltd have pleaded not guilty under the same act to operating a ship in manner that caused unnecessary risk or danger over the same January 5 incident. Both matters will be heard in Kaikohe District Court on April 27.

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Maritime NZ said Mack Attack was still operating and was being actively monitored by MNZ. However, Excitor III still has conditions imposed on the vessel, meaning it is out of the water, but the operators are working towards commencing operations. The conditions require that the Excitor III is not used commercially until the Director of MNZ is satisfied that it has been assessed as fit for purpose.

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