Judge-alone trial — exposing any person to a risk of death or serious injury — breach of duty of care — boating accident — rogue wave — "reasonably careful mariner" — Health and Safety at Work Act 2015, ss 3, 22, 30, 35, 36, 45, 48 & 54 — Maritime Transport Act 1994, s 19 — Maritime New Zealand v Goodhew [2023] NZDC 26852. The defendant was the skipper of a fishing vessel that had been chartered by a group of friends for a multiple day fishing trip. He had been monitoring the weather throughout the trip, and had kept the boat around relatively sheltered islands while waiting for the weather to clear up. When satisfied that the worst of the weather had passed, the defendant had set off toward North Cape which had a safe and sheltered spot for anchorage. On the way there, the boat was struck by a rogue wave which capsized the vessel and caused five of the men on board to drown. The prosecution alleged that the defendant, as skipper of the boat, breached his duty of care to every person on board to not expose them to risk of death or serious injury. It argued that he should not have set out for North Cape that day, and instead should have stayed another night and set out the next day once the weather had fully passed; and that a reasonably careful mariner would have delayed that leg of the trip. The defendant denied that he breached his duty of care, arguing that based on the information available to him at the time, the decision to leave the anchorage was reasonable. The Court relied on firsthand evidence from the survivors, and data from weather apps and other mariners to establish what information the defendant had available to him at the time. It then relied on the evidence of five expert witnesses to address the issue of whether a reasonably careful mariner would have decided to leave for North Cape based on the information available. The Court was satisfied that the wave that struck the boat was a rogue wave, and thus was unpredictable and highly unlikely to occur. Under the specific circumstances and with the information available to him, the Court was not satisfied that a reasonably careful mariner in the defendant's position would not have set out to North Cape. The defendant was found not guilty and the charge was dismissed. Judgment Date: 22 July 2024.