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• Five people died after a whale capsized the i-Catcher boat near Kaikōura during a birdwatching trip.
• The Transport Accident Investigation Commission’s report highlighted lifejacket issues and a leaking fuel system.
• Seven safety recommendations were made to improve emergency responses and maritime safety practices.

Details of how five people died after their charter boat struck a whale and capsized near Kaikoura during a birdwatching trip have been revealed today by the Transport Accident Investigation Commission.

And seven recommendations to New Zealand’s emergency services in a bid to “resolve six major safety issues” identified by TAIC investigators following the tragedy.

On September 190, 2022, 11 people were on the i-Catcher commercial vessel on a bird-watching trip.

The sea was flat and calm, but disaster struck near Goose Bay when a whale surfaced directly underneath the boat, capsizing it.

The skipper Mark Ealam and five passengers were rescued from atop the boat - but five others were found dead in an air pocket beneath it.

The capsized vessel. Photo / Supplied

They were Catherine Margaret Haddock, 65, and Susan Jane Cade, 63, of Lower Hutt, Diana Ruby Stewart, 68, Peter Charles Hockley, 76, and Maureen Patricia Pierre, 75, of Christchurch were all killed on September 10, 2022.

The fatal incident has been under investigation by TAIC and today the final report was released.

“All five (victims) were wearing inflated lifejackets in the air pocket, which was heavily contaminated with petrol fumes, the result of a defective and leaking fuel system,” said Chief Investigator of Accidents Naveen Kozhuppakalam.

“Survivability was reduced by the combination of a toxic environment, cold water, and the confined space.”

Image / Supplied

The TAIC report is 90 pages long and covers what happened at Goose Bay, why it happened, what can be learned from it and who may benefit from those lessons.

Kozhuppakalam said the report highlighted nationwide and international safety issues that “require the attention of New Zealand’s emergency rescue sector, emergency equipment designers and manufacturers, and maritime regulators”.

WHAT HAPPENED?

The passengers were members of the Nature Photography Society of New Zealand and had chartered the vessel for a three-hour passage to photograph.

At about 10.05am they were on their way back to land when they “ felt a sudden impact from underneath the hull and the i-Catcher rapidly capsized”.

“Five passengers and the skipper managed to climb on top of the upturned hull, while the other five passengers remained in an air pocket underneath the vessel,” the report states.

“The skipper placed an emergency 111 call using a passenger’s mobile device, alerting police to the accident, and initiating a search and rescue operation.”

Where the occupants were found. Photo / TAIC

WHY IT HAPPENED?

TAIC said it was “virtually certain the i-Catcher struck a whale”.

The report stated:

“All five deceased passengers were found within the air pocket under the upturned hull wearing inflated lifejackets, hindering their ability to escape.

“Four of the lifejackets were manually activated, while one was automatically activated.

“It is virtually certain that defects in the vessel’s fuel system allowed fuel to leak into the air pocket of the upturned vessel, reducing the survivability of the accident.”

Kozhuppakalam spoke further about the deaths today.

“Getting thrown into water is stressful, debilitating, and disorientating. If you surface in a confined space and you’re wearing a life jacket, you’ll want to swim underwater to escape,” he said.

“The Commission couldn’t determine if those in the air pocket tried to escape, but it’s tragic that a piece of equipment that usually saves lives – an inflated life jacket – would have hindered this.

“Life jackets are crucial life-saving devices because they provide buoyancy and certain types can keep you afloat the right way up with your head above water, even when you’re unconscious.

“But sometimes – as in this case – users need to remove an inflated lifejacket while in the water.”

Kozhuppakalam said TAIC was calling for Maritime NZ to include the information in their public education work.

Further, he said, vessel operators need to regularly inspect inflatable lifejackets and provide safety briefings that include instructions on lifejacket deflation and removal.

LESSON ONE - BEACONS AND COMMS

TAIC said due to the suddenness of the capsize those on board the iCatcher were unable to retrieve the Emergency Position Indicating Radio Beacon to alert authorities.

“The EPIRB remained secured in its bracket underneath the upturned hull,” the report revealed.

“There is a significant safety benefit for vessels equipped with EPIRBs that are manually released and activated to carry a reliable secondary form of communication suitable for the location and conditions such as a Personal Locator Beacon.

“This practice greatly improves the likelihood of alerting authorities to an emergency should a sudden event occur.”

Kozhuppakalam said boat crews “should carry beacons to improve the chances of rescue when an EPIRB proves inadequate.”

LESSON TWO - LIFE JACKETS

And, the tragedy highlighted the importance of lifejacket awareness.

“Lifejackets are a critical lifesaving appliance. On the day of the accident, the vessel occupants were well equipped, wearing inflatable lifejackets suitable for the vessel’s operation,” investigators said.

“The circumstances of this accident highlight the importance for people to understand how to safely deflate and remove an inflatable lifejacket while in the water, should they need to do so in an emergency.

“Pre-departure safety briefings should include doffing procedures as part of lifejacket operational instruction so that vessel occupants are well informed should a sudden emergency occur.”

TAIC acknowledged there were “challenges in coordinating the search and rescue operation resulting in delays and elevating risk to those responding”.

But, it was “unlikely that the delays contributed to the overall outcome of this accident, given the toxic environment within the air pocket of the upturned hull”.

“Nevertheless, valuable lessons can be learned from this response to better prepare for a search and rescue response for similar accidents in the future,” said the report.

TAIC said “all mariners, maritime regulatory agencies, industry stakeholders, recreational boaters, lifejacket manufacturers and their consumers, and agencies and operators involved in search and rescue operations” would benefit from the lessons learned after the tragedy.

LESSON THREE - EMERGENCY SYSTEM

Kozhuppakalam said the report provided “detailed analysis” of another area of concern for the Commission – New Zealand’s system for fire, ambulance, police and coastguard emergency responses, with seven recommendations to resolve six major safety issues.

“The Commission found delays in the system and restricted information flow. And water rescue procedures should’ve included early engagement of the Police dive squad for their expertise, but didn’t,” he explained.

“There were limitations in police’s resources to coordinate deployment of helicopters, boats and other assets during a Category I maritime search and rescue.

“And the Kaikōura region was vulnerable in an emergency because it wasn’t resourced to respond to a large maritime accident and had no maritime rescue plan for the region.

“The Commission has issued seven recommendations to resolve the safety issues; it’ll require coordinated work by emergency services, local councils, and central government bodies.

OTHER IMPORTANT LESSONS

TAIC said it was “important for vessel owners and operators to be familiar with the state of fuel systems onboard their vessels through regular inspections for deficiencies, ensuring the safety of the vessel and its occupants”.

Kozhuppakalam said another “area of concern was ‘regulations and standards”.,

“In New Zealand, the Commission is calling on Maritime New Zealand to improve oversight of vessel surveys to detect safety issues like fuel system defects,” he said.

“Lifejacket servicing requirements must be improved to ensure they work correctly. Internationally, standards for lifejacket usability must be clearer, including guidance on deflation and removal.

Anna Leask is a Christchurch-based reporter who covers national crime and justice. She joined the Herald in 2008 and has worked as a journalist for 18 years with a particular focus on family and gender-based violence, child abuse, sexual violence, homicides, mental health and youth crime. She writes, hosts and produces the award-winning podcast A Moment In Crime, released monthly on