What happens after a serious accident at sea, do I face an investigation?
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What happens after a serious accident at sea, do I face an investigation?

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23.07.2026

Our small commercial charter boat capsized in rough weather, and although everyone survived, some passengers were injured. I have now been contacted by an investigator and I am worried about criminal liability. How does the process work?

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25.07.2026
reply date: 25.07.2026

Serious maritime accidents are typically investigated by more than one body. The Maritime Transport Act 1994 requires accidents to be reported to Maritime New Zealand, which can investigate and prosecute for offences. The Transport Accident Investigation Commission investigates significant accidents to determine causes and make safety recommendations, not to attribute blame, and its findings are generally not usable in criminal proceedings. WorkSafe or Maritime New Zealand may also pursue charges under the Health and Safety at Work Act 2015 if there were failures by the operator. You should cooperate, but obtain legal advice before giving a formal statement. Preserve the vessel, records, logs and equipment, and notify your insurer, which may appoint a lawyer to help. The injured passengers can also claim ACC.

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