Reparation of $20,000 awarded to the family of a young water-skier who died after being run over by a boat on Lake Taupo in January will be used to raise public awareness about water safety.
Wellington real estate agent John James Curtis, 34, was fined $3000 and ordered to pay the reparation when he was sentenced today in Taupo District Court on a charge of using a boat in a manner causing unnecessary danger to another person.
Curtis last month pleaded guilty to the charge which was laid under the Martitime Transport Act.
The court was told that Genevieve Lewis of Eketahuna suffered "horrific, non-survivable injuries" to her upper legs and pelvis after she was hit by the stern leg and propeller of a boat being driven by Curtis at Waipahihi Bay on the morning of January 6. She was taken to shore but died at the scene.
Prosecuting Sergeant Mark Robertson said the nine-year-old was learning to ski on a single ski behind a boat driven by her father when the accident happened. Her mother, brother and three other children were also on the boat which was about 300 metres offshore.
The weather was sunny and calm and the lake had a slight ripple, as Curtis drove his boat towards the shore.
Although his intended path took him across the wake of the Lewis boat and he had previously noticed the young skier and the boat he did not see Genevieve in the water until he was within five to 10m of her. She was wearing a bright yellow ski jacket and head support and had her ski out of the water.
Witnesses said she was waving and signalling at Curtis.
"Genevieve's parents were returning to collect their daughter and saw the boat bearing down on her but were too far away to alert Curtis," Mr Robertson said.
Although Curtis recalled decelerating immediately and putting the boat in neutral, a marine inspection determined that the propeller was in forward drive gear at the time of impact.
Mr Robertson said the fact that Curtis had noticed the Lewis boat earlier and was crossing its path should have alerted him to the potential danger.
In their victim impact statements, Genevieve's parents said it looked like their daughter had been in a shark attack and was "swimming in blood". Her father had felt the life "ebbing out of her" as he drove her to shore.
Counsel for Curtis, Richard Laurenson, said his client acknowledged his failure to maintain a proper lookout including watching out at all times for the young skier.
"He has re-lived the incident every day since it has happened and he does not know why he did not see Genevieve fall off."
He said Curtis would anguish each day and for the rest of his life as to why he did not see the young girl in the water.
Mr Laurenson said Curtis was an experienced boatie and had not been drinking, was not sleep deprived, or actively distracted.
Since pleading guilty Curtis had taken part in a restorative justice procedure with the victim's family and agreed on a level of reparation which would be directed to water safety awareness and education.
He had approached the NZ Coastguard and was intending to work with them in future. Curtis was also booked in for a boat master's course in September.
Mr Laurenson said the Curtis family boat had been in storage since the accident and would be disposed of and not used again on Lake Taupo.
A spokesperson for the Lewis family told the court that they wanted something positive to come out of the tragedy to ensure that Genevieve's death was not in vain.
They were committed to delivering a strong safety message to give people greater awareness of the consequences of irresponsible and dangerous behaviour on the water.
Judge Joanne Maze said while the level of culpability was not at the highest end it was not minor and had profound consequences.
She said Curtis had entered an early guilty plea and made no attempt to evade or delay proceedings. She also gave consideration to the fact that the tragedy had not involved risk taking, bravado or alcohol and Curtis had a history of being a responsible boat user. He had also expressed remorse and distress on a number of occasions.
Despite submissions from police, Judge Maze said she did not feel imposing community work in addition to a fine would be a satisfactory way to deal with the case.
