The captain of a chartered boat on which a young mother of two died in a horrific accident has been ordered to pay $4,000 in compensation to her family and partner.
Danielle Tamarua, 25, died from serious injuries after falling overboard during a staff party cruise in Waitematā Harbour in Auckland, New Zealand, on April 1, 2021.
She then became caught in the propeller and her leg was completely separated from the hip.
The ship’s captain, Christopher Sherborne, 48, returned to Auckland District Court on Thursday for sentencing.
He had previously pleaded guilty to charges of causing unnecessary danger or risk and operating the boat with an expired medical certificate.
Sherborne was charged by Maritime New Zealand in March 2022.
Judge Nevin Dawson ordered him to pay a total of $4,000 in reparations to Ms Tamarua’s family and partner as he cannot afford to pay a fine as well.
The judge accepted that this had been “an extremely distressing matter” for Ms Tamarua and Sherborne’s family.
Mother-of-two Danielle Tamarua, 25 (pictured), died from serious injuries after falling overboard during a staff party cruise in Waitematā Harbour in Auckland, New Zealand, on April 1, 2021.
Sherborne’s lawyer, Rob Weir, said his client had accepted responsibility from the outset and felt “deep remorse”.
Ms Tamarua, a chef, was attending a staff party for her hospitality company LittleWolf Catering at the Zefiro.
The group boarded the boat at around 10am and sailed around Waitematā Harbour for several hours.
According to court documents, Sherborne was aware of this but did nothing to prevent anyone from being on the bow of the boat.
Mrs Tamarua and Jack Upton were sitting on the bow and at about 5pm decided to go back inside. Stuff reported
She began to walk around the front of the bow while holding onto the railing up to her waist.
They stopped for about five minutes and continued talking while leaning on the railing.
Suddenly, Ms Tamarua lost her balance and fell backwards over the railing into the water.
“After falling into the water, Ms. Tamarua was struck by the boat’s propeller and suffered severe lacerations,” court documents state.
‘Her left leg was completely severed just below the hip.’
Mr Upton gestured towards the wheelhouse and told Sherborne that Mrs Tamarua had fallen overboard.
He then jumped into the water as Sherborne initiated man overboard procedures and radioed a nearby ferry.
Tamarua’s mother Iti said her daughter Danielle (pictured left) loved spending time with her friends and was happy and popular.
A MAYDAY broadcast was made at approximately 5:15 p.m.
Two other passengers entered the water and headed towards Ms Tamarua, who was 30 to 50 metres away and unconscious.
Ms Tamarua was taken back to the boat and CPR began.
The Auckland Police Marine Unit arrived with a first aid kit and defibrillator at around 5.45pm, and an intensive care paramedic arrived shortly after via the Auckland Westpac Rescue Helicopter.
After about 40 minutes of CPR, Ms Tamarua was pronounced dead at about 6:10 p.m.
Tamarua’s mother, Iti, told Stuff her daughter loved spending time with her friends and was happy and popular.
LittleWolf Catering had previously described Ms Tamarua as a “beautiful, kind and much-loved member of our team”.
The company established a Give a little bit page for Ms Tamarua’s partner and their two young children, which has raised NZ$32,000.
Charter boat owners Lawrence Knight and Ben Mostert previously said their hearts went out to Ms Tamarua’s family and friends.
Zefiro Charters Ltd goes on trial next month and faces a fine of up to $1.5 million in connection with the death if convicted.
The company has pleaded not guilty to the health and safety charges it faces.
Ms Tamarua’s family could receive further repatriation if the company is found guilty.
