Court rules former Mack Attack skipper Richard Prentice can keep maritime licences

Former owner of Mack Attack Richard Prentice successfully challenged the cancellation of his maritime licence. Photo / File

Maritime New Zealand has lost a court bid to cancel a Northlander's maritime licences after a protracted legal battle following a woman receiving serious injuries.

Richard Prentice was the skipper of high speed vessel Mack Attack when Catherine Cooke was injured and left a paraplegic during a rough trip in the Bay of Islands in December 2010.

The 53-year-old was thrown from her seat when Mack Attack hit a big wave, and she then hit the edge of her seat and the deck.

Catherine Cooke broke her back in an accident on the Bay of Islands tourist boat Mack Attack. Photo / File

In May 2012, Seaforte Holdings - owned by Prentice - was fined $90,000 over the incident.

Seaforte Holdings was also ordered by the Auckland District Court to pay fines of $30,000 over two related charges.

In May 2016, the director of Maritime NZ cancelled Prentice's New Zealand Coastal Master Certificate and Commercial Launchmaster Certificate under the Maritime Transport Act 1994.

Maritime NZ director Keith Manch said an internal review panel considered Prentice's disregard for both maritime safety and the potential consequences of his actions was so significant, he put himself and others at risk.

Maritime NZ's review panel considered Prentice's involvement in historical incidents and other matters and summarised them under four patterns of behaviour.

They included general observance of good seamanship, behaviour as a skipper of a high speed vessel, maintaining the state of that boat, and his offending history of six offences over 12 years.

Manch revoked Prentice's two maritime documents and placed conditions on his Second Class Diesel Trawler Engineer Certificate.

Prentice appealed the revocation decision to the District Court and won.

Judge Gary Harrison said he accepted Prentice has had a number of convictions but they reflected issues with his ability to operate and maintain a high speed vessel rather than him being an unfit and improper person to hold maritime licences.

An audit carried out by Maritime NZ on him in 2014 did not record any safety issues despite his previous convictions, the judge noted.

Judge Harrison's decision was upheld by the High Court on an appeal by Manch.

While dismissing the appeal, Justice Grant Powell said there were clearly incidents of concern to Maritime NZ regarding Mack Attack's operation and in particular the injury to Catherine Cooke.

Justice Powell said section 50 of the Maritime Transport Act specified criteria for the assessment of a fit and proper person, including the person's compliance history with transport safety regulatory requirements.

While injuries suffered by passengers on Mack Attack were obviously serious, he said they did not fall within those requirements.

Mack Attack was no longer owned by Prentice.