The Report by Julian Joy …
B.sc (Nautical), Dip Tcgg, ACAT, FCILT, MNI
These sections are covered to begin with …
Statement of Disclosure, Documents referred to in this Investigation, Significant navigation features in the area referred to in this Investigation, Chart of the area, Incident reports, The vessels involved, General area of the incident,
Conditions at the time, Tide, Visibility, Sun, Wind, Traffic, Water, Land, Chronology of events following the incident.
This is the 1st significant section of interest …
“Procedures Following an Incident Report”
The procedures following receipt of an incident report are covered in the legal framework of Marine Transport Act.
MTA 31 – Obligation to notify all accidents, incidents etc.
“The master of any NZ ship that is involved in a mishap that results in serious harm to a person, an accident, or an incident, shall notify the mishap, accident or incident to the Authority as soon as practicable” (Abbreviated)
MTA 60 – Duty of Director to notify accidents & incidents to Transport Accident Investigation Commission. TAIC.
“As soon as practical after any accident or incident is notified to the Authority under Sec31, the Director MNZ shall notify TAIC that they have been notified of accident or incident involving a commercial NZ ship which in the opinion of the Authority, it is likely that the occurrence would have become an accident” (Abbreviated)
The Report of J Joy, describes the procedure as being implemented with the submission of a report by the vessels concerned, on Form MAR AI4 to MNZ & in the case of a commercial vessel, also to the Safe Ship Management Company.
The reports are published in Monthly summaries by MNZ not as results of investigations but merely as reports written by the vessels concerned, distributed for industry knowledge
Other actions could be requesting an inquiry be held, or doing nothing, on the basis of the following explanation on the MNZ website – Accidents & reporting.
“What is done with the information from an accident report?
Sometimes people are concerned that reporting an accident or incident to MNZ will result in prosecution. In exceptional circumstances, MNZ may use the information provided to support an investigation, however this is rarely the case.
The real value of the accident reporting process & the resulting analysis is the development of more effective safety strategies & advice for skippers on how to avoid similar events in the future”
Both vessels placed a Form MAR AI4 reporting the incident
The report submitted by Seaway was published by MNZ as Report #09-5046.
No publication or action appears to have been issued or taken by MNZ regarding the report submitted by Classique.
This indicates to me that MNZ appear to have decided in advance to accept only the report from Seaway.
I have not investigated the reasons or processes for this apparent disregard of Classique’s MAR AI4 report, as although it is certainly of concern in the processes followed by MNZ, it does not influence my findings regarding the vessels’ actions or lack of actions before & during the incident.”
(For reference both reports to MNZ were posted here on Jan 18th
“The report M Pigneyguy gave to MNZ”
“A report was subsequently emailed by M Bolton”)
The Report by Julian Joy …