Considering the mandatory requirements surrounding the sound signals & the standard of equipment to be installed, it would be misleading to the court that they are not upheld by B Young or MNZ & M Pigneyguy gives a confused recital of his actions …
1: His claim says the 1st series of blasts was made at about 80 mtrs off.
2: His Brief of Evidence read – 1st blasts at 1st Photo, 2nd blasts at 2nd photo, 3rd blasts at 3rd photo.
3: In the court transcripts he says “… in photograph 1, I had decided to take a photo as it was looking like we were going to pass very close. Classique wasn’t taking action, I then took another photo.
The Judge asks “how long after the 1st photo was the 2nd photo taken ?” M Pigneyguy replied ” about 30 seconds – I took it as we were going to be very close to Classique… The ship’s whistle was not operating well, we have an aerosol whistle – a lot of smaller vessels have them … there was no response, I sounded again 2 or 3 times before they got really close … another 5 short & rapid blasts in accordance with the rule of the road … I started sounding the blasts when Classique was about 80 mtrs away … close to where the 2nd photo was taken”
To clarify the distances, MNZ determined that the 1st photo would be about .5 nmiles away (A full nautical mile is 1852 mtrs) therefore the 2nd photo would be about half way ie. 413 mtrs.
The distance away in photo 3 was calculated by Bolton & the Harbourmaster’s staff at 50 to 80 mtrs which is later verified by subsequent photos taken & shown in the post 11th Jan.
Photo 1 – Note Classique’s background of the light coloured cliffs. A line from the left side of the ferry’s ramp goes to the tall building at Takapuna, the Sentinal. The distance from Classique is about .5 nmiles – Bolton provided his method of determination which verifies the estimation by MNZ
Photo 2 – Classique’s forestay now obscures the Sentinal building. The line from the left side of the ferry’s ramp has now moved North from the Sentinal to above the Western tip of Rangitoto. If the ferry had kept a straight course from Photo 1, the left side of the ramp would still be on the Sentinal where Classique’s forestay is. The distance is taken to be halfway ie 413 mtrs.
Photo 3 : The Sentinal is no longer visible, the left side of the ramp has now moved further up the Western headland of Rangitoto. Classique’s mast is past both summits of Rangitoto. The distance estimated by Bolton & Harbourmaster’s staff to be 50 to 80 mtrs.
The effect of zooming makes comparison with Photos 1 & 2 uncertain.