Compensation ordered from Boatie

You would think being run over by a speeding boat would put you off diving for life, but this is not the case for Auckland freediver Bhodi Garven.

On February 5 last year Bhodi headed to a popular dive location between Ti Point and Omaha for a spearfishing session.

Swimming 200 metres offshore towing an orange marker buoy to which the international diver sign – the blue and white flag – was attached, Bhodie shot a fish and headed to the surface for air.

Reaching the top, he was struck by a 3.5 metre rigid hull inflatable, causing a huge laceration to his skull and breaking his arm.

The person at the helm, Aucklander Carl Whiteman, turned around and hauled the injured diver aboard. The ambulance and police were called and met the boat back at the wharf.

The incident has proven costly for both the skipper and the diver. The former was found guilty in the North Shore District Court last month to one charge under the Maritime Transport Act of causing unnecessary danger or risk to any other person.

He was ordered to pay $17,500 reparation and, in light of that sum, was not fined.

Bhodie Garvin has spent the last 17 months recovering from his wounds that needed numerous stiches, staples and plates to help heal. In the meantime, the self-employed arborist was forced to close down his business in which his partner Alice Kebble also worked, meaning there was no income between them for some time.

Bhodie has worked for someone else since the beginning of the year and Alice is retraining.

He says it has been tough on them, but it hasn’t deterred him from getting back in the water. In recent times he has been for one spearfishing mission, but conditions, rather than any fear, has prevented him doing something he is still very passionate about.

“I grew up in the Bay of Islands fishing and diving, as well as overseas in California and Wisconsin, so it is something I love to do.”

Bhodi says the first time back in was a little daunting, but he realises there was nothing more he personally could have done to prevent the accident – ‘you can’t let these things stop you getting on with life.’

“We are lucky to live in New Zealand with the opportunities to enjoy the ocean it offers.”
But with those opportunities come responsibilities.

Recreational boaties must understand skipper responsibility says Maritime NZ Northern Regional Manager, Neil Rowarth.

“Every boat has a skipper, they are legally responsible for the safety of people in and around the boat, and must know the rules of the sea,” says Maritime New Zealand spokesperson.

“In this case, the skipper was speeding and not keeping a proper look-out.”

Maritime Rules impose a speed limit of 5 knots (9 km/h) within 50 metres of a person in the water and 200 metres of a boat flying a dive flag. They also require every vessel to maintain a proper look-out to be fully aware of the situation and risk of collision.

A prominent sign at the boat ramp alerted skippers to the fact that the area was popular with divers and snorkelers and emphasizing the need to keep a proper lookout and proceed at a safe speed.

Conditions were described as ideal for boating and diving, it being a sunny day with fairly low wind.

Mr Whiteman and three passengers left the Omaha boat ramp in his 3.5 metre inflatable powerboat. He said he saw the orange buoy but did not “register” the dive flag on the buoy. He assumed the buoy marked a crayfish pot and did not alter course or slow down. The vessel struck Bhodi at between 10 and 15 knots.

The skipper was inexperienced and had no boating qualification, the court heard. It was his first boat and only the third or fourth time he had taken it out on the water.

“I urge every new skipper to get training and help from a boat club or Coastguard Boating Education. It’s not hard, it’s not expensive and you get to meet boaties and have some fun learning.”