Maritime NZ Files Lawsuit Against KiwiRail

Maritime NZ has filed one charge against KiwiRail following the January 2023 loss of propulsion incident involving the Interislander ferry, Kaitaki.

The Kaitaki lost power on its approach into Wellington Harbour on 28 January last year, with more than 800 passengers and 80 crew on board. It then issued a mayday. After regaining limited power, the ferry made its way to the port, where its passengers were able to leave it safely and come ashore.

Maritime NZ, the maritime and designated health and safety regulator for such incidents, subsequently investigated the loss of power incident. This week one charge was filed under the Health and Safety at Work Act 2015 in relation to the incident by Maritime NZ, against the operator, KiwiRail.

"The investigation took 12 months; it involved reviewing the operator’s organisational information relevant to processes and procedures connected to safety and maintenance management, undertaking interviews and examining the Kaitaki after the incident occurred," said Maritime NZ Director, Kirstie Hewlett.

"Material was then comprehensively reviewed before the decision was made to prosecute."

KiwiRail Chief Executive, Peter Reidy, reiterated that passenger and staff safety is the highest priority for KiwiRail.

"The safe and reliable operation of the Interislander service is an absolutely non-negotiable requirement for KiwiRail Board and management. Following the Kaitaki incident, we conducted a full review of all of our asset management practices, using global experts to ensure we are running the Interislander to the world’s best practice standards," said Reidy.

"We are pleased that over the recent busy Christmas period, the Interislander ferries have operated with 100 percent asset reliability and 91.4 percent on-time performance. For comparison, these are levels matching even the best operators in the global aviation industry."

As this matter is now before the courts, neither Maritime NZ or KiwiRail made any further comments about the ongoing proceedings.