Penalties include a prison term of up to 12 months or a fine of up to $10,000.
The charge is the same as the one faced by a father-of-two whose children drowned when they were trapped when his 6.7m vessel sank in 2007.
He pleaded guilty in 2008 to operating a vessel causing unnecessary danger or risk.
Meanwhile, the chairman of the Tongan Advisory Council, Melino Maka, says messages about water safety are not getting through to the Pacific community and the approach by agencies such as Water Safety New Zealand must change.
Using celebrities such as Oscar Kightley, who is taking swimming lessons, is ineffective, he said.
"I always advocate authorities should ask the families of those that lost their loved ones in the water to actually tell people the struggles they've gone through trying to cope. That's the only thing that's going to work."
Water Safety NZ was unable confirm the exact numbers of drownings this year. However, on average 105 people die in the water every year.