Skipper fined for crash that paralysed ferry captain

A man who drove his boat into a ferry at speed, paralysing the skipper and damaging a historic ferry has been sentenced for the incident which was entirely preventable.

James Petrie Thomson, 48, the skipper of a 9.8m powerboat named Onepoto was involved in a significant collision in the Bay of Islands on April 13, 2023, resulting in substantial damage to the historic Waitere ferry and left its captain with severe injuries.

In a reserved sentencing decision released today Judge Nick Webby ordered Thomson to pay emotional harm reparation of $128,000 along with an additional $3200 for consequential losses, both amounts allocated to the victims of the collision.

Thomson explained during proceedings that he had been distracted by an engine alarm sounding from the display unit which caused him to overlook the approaching Waitere from the starboard side.

At the time of the incident, Thomson was navigating through open waters at approximately 20.5 knots as he ploughed into the ferry’s wheelhouse causing injuries to several of the 19 passengers aboard.

The ferry ran a regular route between Paihia and Russell and its skipper Bill Elliott noticed the boat approaching only moments before the collision.

One passenger was thrown overboard and Elliott was airlifted to Auckland suffering a heart attack and significant spinal injuries.

Following the collision, Thomson promptly took action to assist, including alerting emergency services and rescuing a ferry passenger who had fallen overboard.

Thomson fully co-operated with Maritime New Zealand’s investigation and promptly pleaded guilty to charges stemming from operating the Onepoto in a manner that posed undue risk under maritime law.

Manager of general regulatory operations for Maritime New Zealand, Jason Lunjevich described the incident as serious and entirely preventable.

"Our thoughts are with the Waitere’s skipper, passengers, and their families, as well as all others affected by this unfortunate event.

"Had the skipper of the Onepoto maintained proper vigilance and adjusted his speed appropriately while addressing the alarm, this collision and resulting injuries could have been avoided."

Elliott is now paralysed from the chest down and in need of 24-hour care.

Lunjevich acknowledged Thomson’s expression of remorse and his proactive acceptance of responsibility throughout the investigation and emphasised the importance of vigilance for all boat operators to prevent such incidents.

"The message for other skippers is, it is your responsibility to stay alert for other boats, craft, swimmers and hazards. Staying alert and keeping a look out prevents collisions and the consequences that they can cause."

He also commended the swift response and collaboration of local emergency services, the harbourmaster, commercial maritime operators, and bystanders, all of whom played crucial roles in ensuring the safe and efficient rescue of ferry passengers.

 - Shannon Pitman, Open Justice reporter