Westpac penalised $3.64m by the High Court

Source: Radio New Zealand

RNZ / Cole Eastham-Farrelly

Westpac New Zealand has been penalised $3.64 million by the High Court for breaching lender responsibility rules.

It comes after Commerce Commission action for multiple failures leading to customers not receiving legally required information about their loans, and in some cases, agreed interest rate discounts.

The Commission’s director of credit Sarah Bartlett said it was due to a failure to invest in adequate systems and processes.

The breach was self-reported by Westpac, which agreed to admit the breaches prior to the Commission filing proceedings.

The Commission said it was the biggest pecuniary penalty imposed under the Credit Contracts and Consumer Finance Act (CCCFA) to date.

“The pecuniary penalty sends a strong message not only to Westpac but to the consumer credit industry that continued failings to adequately invest in robust systems and compliance practices will not be tolerated and there are serious consequences for not complying with the Act,” Bartlett said.

In a statement, Westpac said it worked “promptly to close the identified compliance gaps” and it was in final stages of completing remediation for affected customers.

“Westpac co-operated fully with the Commerce Commission’s investigation and we are pleased to have resolved the matter,” a spokesperson said.

Under the CCCFA, lenders must disclose specific key information to borrowers and in some cases, guarantors.

In the judgement, Justice Anderson found Westpac’s failures related to systems that were “set up in a way that was foreseeably deficient”.

“Multiple steps could have been taken to prevent the harm, including changes to the systems, adequate staff training, and mechanisms to identify and respond where disclosure was not provided, and discounts were not applied,” the judgement said.

It said the penalty reflected Westpac remediating up to 11,398 affected borrowers a total of $2.67m.

The conduct also affected more than 3000 guarantors.

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Six things tenants can’t do (but may be doing anyway)

Source: Radio New Zealand

RNZ / Dom Thomas

Tenants are in the driving seat in the rental market at the moment – but there are still rules about what they can and cannot do when they rent a property.

RNZ reported earlier on the things that still catch landlords out.

Now, here are six things that tenants can’t avoid.

Pay the rent on time

Problems with rent payments are still the bulk of the Tenancy Tribunal’s work. Two-thirds of claims before the tribunal last year related, at least partly, to rent arrears.

Tenants have to continue to pay rent even if they are involved with a dispute with their landlord. You cannot withhold rent because you think the landlord has not kept up their side of the bargain.

In one case the tribunal dealt with in June, a tenant reduced her rent payment and then withheld it completely because she was not able to use her en suite bathroom.

The tribunal said that was not an appropriate response. “The tenant suffered a loss of enjoyment of the tenancy. But along with that loss there was a loss suffered by the landlord, which needs to be acknowledge.

“The tenant reduced her weekly rent payments by $80 for a period, and then simply stopped paying rent while still remaining in possession. Although the landlord did not give evidence of the tenant’s actions regarding rent payments resulting in financial hardship, the tenant was not entitled to unilaterally reduce how much rent she paid, nor to stop paying her rent entirely.”

The tribunal said a reduction in rent would have been an appropriate response for the parties to agree on.

In another case, a tenant racked up $6335 in rent arrears because he withheld rent in lieu of money he claimed the landlords owed him for work done on the property. The tribunal said he was unable to prove he was owed this.

Keep the property reasonably clean and tidy, and leave it that way

The tribunal regularly deals with claims from landlords seeking compensation for clean-up costs incurred after a tenancy is finished.

In one case, an adjudicator said a tenant left a “huge” amount of rubbish – “including household refuse, dog toys and faeces, broken furniture, mattresses, wood, rocks, bedding, and old bath, two large drums, a number of broken plastic and containers and much other rubbish”.

That landlord was awarded $1572 for rubbish removal.

Tenants also have to leave all the items that were supplied with a tenancy.

Let a landlord know about damage or repairs straight away

In a case currently being dealt wiht by the tribunal, landlords are seeking exemplary damage from a tenant who failed to advise them of damage.

There was damage to the bedroom door, holes in walls and French doors – but the tribunal said in that case it was not satisfied there was a breach to justify exemplary damages.

Use the property mainly for residential purposes, not business activities

If tenants are running businesses from their homes, things can get tricky.

In another case, there was a dispute about tenants operating a plant business from a spare bedroom.

The tenants said their property manager had no problem with it as long as the premises were clean and tidy.

The property owner argued he had no knowledge of that agreement and wanted compensation for professional carpet cleaning in the rooms used for cultivating plants.

The tribunal said the landlord’s claim for compensation was withdrawn by the landlord during the hearing when the tenant confirmed that they had professionally cleaned the carpets when they vacated the tenancy.

Not have more than the agreed maximum number of occupants

Tenancy agreements usually specify a maximum number of occupants. The tribunal said going above that could be a problem because it could put a landlord’s insurance in jeopardy.

There could also be health and safety or security concerns.

In one case, a tenant’s partner urinated in a communal pathway in view of a neighbour, approached another elderly neighbour to ask her for cigarettes and meth, and asked another woman whether she wanted company and whether she smoked cannabis.

The tenant had her tenancy terminated on the basis of the anti-social behaviour and because she had breached a term of her tenancy agreement by having him live with her when she was allowed only one occupant.

Make alterations without consent

In a case heard in 2023 for a Halcombe property, tenants who were described as “in many ways excellent” were in dispute with their landlords after they “exceeded their rights and obligations as tenants”, the tribunal said.

It noted that they seemed to have treated the property as their own. They painted the kitchen green, maroon and gold, the master bedroom a couple of shades of blue, removed carpet in the hallway and second bedroom, put beading along the lower part of a bedroom wall and painted it maroon, put a dog door in French doors and painted another room blue, put beading on the lounge walls, painted the laundry multiple colours, installed ponds and erected a carport.

The landlords wanted compensation including $8500 to repaint the property.

The tribunal adjudicator said the tenants needed to pay $2550 for painting, $2754 to replace the carpet and other smaller amounts for carpet cleaning and glass replacement.

In addition, tenants have to leave all the keys with their landlord when they move out, and pay their own bills for things such as power and water.

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Why the cheapest home loan rate may not offer best value

Source: Radio New Zealand

When the Reserve Bank cut the official cash rate this week, it made it clear that it thinks it is likely that may be as low as the OCR goes this cycle. RNZ

New Zealanders generally like to lock in for the cheapest home loan rates on offer.

But some commentators say it could pay off to try something different now.

When the Reserve Bank cut the official cash rate this week, to 2.25 percent, it made it clear that it thinks it is likely that may be as low as the OCR goes this cycle.

Wholesale interest rates lifted a little in response, and some market commentators have already turned their attention to when rates might start to rise again.

Economists at the country’s biggest bank, ANZ, said it was worth borrowers considering whether a longer-term fix might be sensible at present.

Six-month fixes are priced from 4.75 percent, one and two-year at about 4.49 percent, three years from 4.75 percent, and four and five-year terms from 4.99 percent.

ANZ’s economists said it was too soon to say with confidence when rates might start increasing.

“The key point for now is that wholesale rates have stopped falling. Competition is clearly hotting up, with banks offering cash incentives to switch and that will be welcome news to borrowers.

“But when it comes to which term to select, our broad thinking remains as it was a month ago: we believe mortgage rates are likely at or near their lows, and that it is thus worth considering longer terms. With very little separating rates spanning from one to five years, borrowers with differing levels of risk appetite should be able to find a term that satisfies their own cost/certainty trade-off sensitivities.

“Fixing for five years may suit some borrowers, but it may be too long for others, for whom two to three years might be the happy middle ground.”

They said wholesale rates had put a floor under fixed terms. The two-year swap rate was 2.65 percent before the October OCR cut, and then fell to 2.44 percent. It was 2.59 percent before the November decision, and is now back at more than 2.8 percent.

ANZ expected home loan rates to rise gradually through next year.

They calculated that the six-month rate would only work out to be the cheapest option if the one-year rate fell to 4.19 percent over the next six months. “That seems unlikely if the Reserve Bank doesn’t cut the OCR again.

” If we are at the bottom of the cycle, 18-month and two-year look good compared to one-year, and three years isn’t much higher, and rates in that vicinity likely offer a happy middle ground.”

Based on a market average rate of 4.79 percent for three years, they said fixing for a year for 4.49 percent would only be cheaper if it was still possible to fix for two years at 4.94 percent next year, or 18 months at 4.45 percent and then another 18 months at 5.13 percent.

Over two years, fixing for a year now would only be cheaper if the one-year rate remained at 4.49 percent in a year’s time.

David Cunningham, chief executive at Squirrel, said borrowers were not moving to longer fixes yet.

He said the propensity to fix a the cheapest rate possible was strong. When five-year rates were 2.99 percent, more people fixed for that price, “But still the bulk went to 2.25 percent for a year”.

He said interest rates could stay on hold for a year or a year-and-a-half. “It could be a year of nothing happening while wholesale rates bubble up and down.”

Cotality chief property economist Kelvin Davidson said he was starting to think about a longer-term fix. “That experience in 2021 is still sort of fresh in mind…people who fixed for five years in the middle of 2021, they’re still on those rates.

“It’s not necessarily something I will do but it’s definitely worth giving a thought to.”

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Paid firefighters strike after negotiations stall

Source: Radio New Zealand

About 2000 members of the Professional Firefighters’ Union will strike between 12-1pm. RNZ / Ruth Hill

Paid firefighters are walking off the job for one hour again today over their deadlocked contract negotiations with Fire and Emergency.

About 2000 members of the Professional Firefighters’ Union will strike between 12-1pm.

Fire and Emergency New Zealand (FENZ) deputy national commander Megan Stiffler said calls to 111 would be answered during that time and it will respond to fires in strike-affected areas – but there could be some delays, as callouts would be covered by volunteers.

“We have notified Hato Hone St John and Wellington Free Ambulance that, for the one-hour strike, our volunteer crews won’t be able to respond to medical calls outside their patch.”

While the strike was “putting public safety at risk”, it would not affect most of the country, she said.

“The vast majority of communities are served by our more than 11,000 volunteers in nearly 600 stations across New Zealand who will respond as usual.”

Meanwhile, FENZ was urging people and businesses in towns and cities usually covered by professional firefighters to be “extra careful”, and avoid any work practices that could spark fire, and ensure tenants understood evacuation procedures.

Its offer to the union was (6.2 percent over three years) was “a fair and sustainable increase”, Stifler said.

“The Employment Relations Authority is currently considering our application to provide facilitation to bring the parties together and work constructively towards a resolution.

“We don’t see the point in putting the community at risk with this strike while that process plays out. The NZPFU’s recent settlement proposal is three times more than our offer, which was fair, reasonable and in line with other settlements across the public service.”

Union responds

The union’s national secretary, Wattie Watson, said the union had worked hard to get a settlement – but FENZ has refused to return to the table.

“FENZ has refused to adapt its position and last week refused to agree to new bargaining dates on the basis they only want to meet in facilitation. The Employment Relations Authority only received the final legal submissions yesterday and a decision is pending.

“Instead of actually trying to reach settlement and address the systemic failings of the fire service, FENZ has pushed on with an application for facilitation, attempted to present distorted information in the pursuit of that application, dropped a 260-page restructure document that culls about 160 jobs without consulting with the NZPFU or the PSA, refuses to address serious asbestos risks in Auckland, and continues to fail the community with a failing fleet and replace closed stations or those under extremely poor earthquake ratings.”

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Watch live: Latest announced in crackdown on airport staff importing drugs

Source: Radio New Zealand

Police and Customs are set to reveal the latest in a crackdown on staff helping import drugs at Auckland International Airport.

Operation Matata has been focused on a transnational organised crime syndicate working with local gangs who are alleged to have imported significant quantities of methamphetamine and cocaine into New Zealand.

The briefing will be livestreamed at the top of this page from about noon.

Police have identified the syndicate was allegedly smuggling Class A drugs through unattended baggage on international flights, primarily through Auckland International Airport.

Officers arrested people across two phases in June and July.

In total, 15 current and former baggage handlers working for airline baggage handling agencies at Auckland International Airport have been charged.

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Fabian Holland and Braxton Sorensen-McGee up for top NZ Rugby awards

Source: Radio New Zealand

Fabian Holland of New Zealand Andrew Cornaga/www.photosport.nz

World Rugby Breakthrough Player of the Year winners Fabian Holland and Braxton Sorensen-McGee have been named among the finalists for New Zealand’s top rugby awards.

Second rower Holland, who played 12 of the All Blacks 13 tests this year, is up for All Blacks Player of the Year alongside Ardie Savea, Quinn Tupaea and Cam Roigard.

Back Sorensen-McGee was a try-scoring star performer for the Black Ferns as they finished third at the Rugby World Cup. She is a finalist for Black Ferns Player of the Year along with Jorja Miller, Kaipo Olsen-Baker and Georgia Ponsonby.

The winners will be announced on 11 December.

The Kelvin R Tremain Memorial Player of the Year will be awarded to one of the winners of the major Player of the Year categories. The New Zealand Coach of the Year and New Zealand Team of the Year will be announced on the night, with all teams in black and their respective coaches eligible.

The Steinlager Salver, the most prestigious award in New Zealand rugby, will acknowledge someone who has given sustained service to the game. Previous recipients include: Sir Colin Meads, Jock Hobbs, Waka Nathan, Sir Tuifa’asisina Bryan Williams and Dr Deb Robinson.

Braxton Sorensen-McGee scores for the Black Ferns against Ireland, RWC, 2025. www.photosport.nz

2025 New Zealand Rugby Awards finalists:

Super Rugby Pacific Player of the Year

Will Jordan (Crusaders)

Du’Plessis Kirifi (Hurricanes)

Ardie Savea (Moana Pasifika)

Super Rugby Aupiki Player of the Year

Amy du Plessis (Matatū)

Braxton Sorensen McGee (Blues)

Portia Woodman-Wickliffe (Blues)

Richard Crawshaw Memorial All Blacks Sevens Player of the Year

Dylan Collier

Tone Ng Shiu

Frank Vaenuku

Black Ferns Sevens Player of the Year

Michaela Brake

Jorja Miller

Risi Pouri-Lane

New Zealand Rugby Age Grade Player of the Year

Oli Mathis (Waikato)

Dylan Pledger (Otago)

Braxton Sorensen-McGee (Auckland)

National Men’s Coach of the Year

Marty Bourke (Canterbury)

Mark Brown (Otago)

Rob Penney (Crusaders)

National Women’s Coach of the Year

Matt Direen (Otago)

Reuben Samuel (Waikato)

Willie Walker (Blues)

New Zealand Rugby Referee of the Year

Maggie Cogger-Orr (Auckland)

James Doleman (Otago)

Ben O’Keeffe (North Harbour)

National Women’s Team of the Year

Blues

Otago Spirit

Waikato

National Men’s Team of the Year

Canterbury

Crusaders

Mid-Canterbury

Tom French Memorial Māori Player of the Year

Kurt Eklund (Ngāti Kahu)

Quinn Tupaea (Ngaati Tiipa, Ngaati Amaru)

Portia Woodman-Wickliffe (Ngāpuhi/Ngāti Kahu ki Whaingaroa/Ngāti Porou)

All Blacks Player of the Year

Fabian Holland

Cam Roigard

Ardie Savea

Quinn Tupaea

Black Ferns Player of the Year

Jorja Miller

Kaipo Olsen-Baker

Georgia Ponsonby

Braxton Sorensen-McGee

Rugby Club of the Year

Hunterville Rugby Football Club (Whanganui)

Rangataua Sports and Cultural Club (Bay of Plenty)

Waimate Rugby Football Club (South Canterbury)

Charles Monro Volunteer of the Year

Glen Devenie (Auckland Rugby Referee Association, Auckland)

Stacey Kobus (Cambridge Junior Rugby and Community Sports Club, Waikato)

Jodi Taylor (Strath Taieri Rugby Club, Otago)

Te Hāpai Community Impact Award

Cian Byrne-Hansen (Counties Manukau)

Peter Hastings (Bay of Plenty)

Sosoli Talawadua (Whanganui)

Duane Monkley Medal (NPC Player of the Year)

Sam Darry (Canterbury)

Folau Fakatava (Hawke’s Bay)

Josh Jacomb (Taranaki)

Fiao’o Faamausili Medal (Farah Palmer Cup Player of the Year)

Taufa Bason (Auckland)

Grace Houpapa-Barrett (Waikato)

Holly Williams (North Harbour)

Ian Kirkpatrick Medal (Heartland Championship Player of the Year)

Declan McCormack (Mid Canterbury)

Keanu Taumata (Poverty Bay)

Sam Walton-Sexton (Wairarapa Bush)

– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

’40-minute queues’: Drivers warned to expect delays when IKEA opens in Auckland

Source: Radio New Zealand

IKEA will open its doors at Sylvia Park on 4 December. RNZ / Marika Khabazi

Motorists are being warned to expect 40-minute queues when IKEA opens its first New Zealand store in Auckland next week, along with potential hour-long waits for carparks.

IKEA will open its doors at Sylvia Park on 4 December and Auckland Transport along with NZTA Waka Kotahi are encouraging road users to paln ahead and allow plenty of extra time for their jounreys.

“We expect the opening day, and subsequent weeks or even months to draw big crowds to the Sylvia Park area, and for this to have a substantial effect on the transport network both locally and across Auckland,” Auckland Transport Operations Centre (ATOC) Manager Claire Howard said.

Travel times across the wider Auckland transport network are likely to be “substantially longer” than usual, Howard warns.

Traffic modelling shows that in a “worst-case scenario” there could be 40-minute-plus queues to get off the motorway at Mt Wellington and wait times of up to an hour to get into carparks at IKEA, she said.

“Surrounding streets in Mt Wellington will also be busy, with forecast delays of up to 40 minutes on Mt Wellington Highway in peak traffic.”

ATOC – a joint Auckland Transport and NZTA venture for managign the network in real time – has been working with the retail giant to ensure their traffic management plan minimises the traffic impacta s much as possible. It will be actively managing light signals and diverting traffic where possible as congestion levels increase.

“Like any popular event or destination that attracts a large crowd, it’s going to put pressure on the transport network,” Howard says.

Drivers are encouraged to allow extra time, check route and travel times and travel outside of peak hours if possible.

Congestion is expected to be at its worst during peak hour during the week and on Saturdays between 1 and 4pm – particularly heading northbound from South Auckland toward Mt Wellington.

For IKEA shoppers who aren’t planning on purchasing large furniture, taking the train might be your best bet.

“It’s a 19-minute train ride from Waitematā Station to Sylvia Park Station compared with expected travel times of more than an hour for the same journey by car, especially if you’re just window shopping or able to get your purchases delivered.” Howard says.

Staff will be on the ground at Sylvia Park Station to help direct people to the store who are travelling by train.

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Chip maker Rakon narrows half-year loss

Source: Radio New Zealand

Chief Executive Sinan Altug. Supplied / Rakon

Chip maker Rakon slashed its half-year loss on the back of increased revenue.

Key numbers for half year ended in September compared with a year ago:

  • Net loss $2.95m vs $10.4m loss
  • Revenue $54.2m vs $41.7m
  • Operating loss $4.1m vs $15.8m loss
  • No dividend.

Rakon said the first half year marked a clear return to growth for Rakon as it posted growth in sales of its specialist systems for satellites, telecommunications, and computers.

It said it increased market share in core segments, increased capacity globally, and benefited from cost cutting at its New Zealand, India and France operations.

Chief Executive Sinan Altug said the company was recovering with a 30 percent rise in revenue, and increase in its margins and underlying operating earnings, which more than doubled.

He said the restructuring of the past two years were delivering tangible results, with its India operation focusing on volume production and its France facility focusing on aerospace and defence.

“This shift continues to free New Zealand to focus on innovation and new product introductions while India scales to meet global demand.”

It expects margins to improve in the second half year as production scales up.

Rakon maintained its 2026 full year underlying profit guidance at between $15 to $25 million, saying earnings were typically skewed towards the second half of its financial year.

The company is targeting revenue of $250 million and an underlying profit of $75 million by 2030.

The company went through a boardroom tussle in August as a dominant shareholder moved to replace most directors, causing the Stock Exchange to suspend the stock until it complied with rules about the number of independent directors.

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Consumer confidence still negative, despite lift

Source: Radio New Zealand

Falling consumer arrears, employment returning to modest growth and retailers reporting improved activity boosted the index. RNZ/Nick Monro

  • Consumer confidence lifts, although pessimists slightly outweigh the optimists
  • It follows the strong business sentiment on Thursday
  • Households remain cautious on spending on big ticket items

Consumer confidence has lifted to its highest level since June, with more households expecting to be better off in a year’s time.

The ANZ Roy Morgan Consumer Confidence Index lifted 6 points in November to just over 98.

However, a score below 100 indicates more pessimists than optimists.

“It’s good to see a decent lift in consumer confidence this month, though it is yet to break out of recent ranges,” ANZ chief economist Sharon Zollner said.

“Although it’s early days in terms of the economic recovery, this is not the only indicator suggesting that things are looking up for consumers,” she said.

A net 21 percent of respondents expected to be better off this time next year, the highest level since April.

“Consumer arrears have been declining, employment has returned to modest growth and retailers are reporting improved activity,” Zollner said.

ANZ said a net 9 percent thought it was a bad time to buy a major household item, suggesting ongoing caution.

Zollner said the ‘good time to buy’ indicator has not been positive in more than four years.

“Consumers’ reluctance to spend in recent years has certainly been felt by the retail sector.”

Zollner noted falling consumer arrears, employment returning to modest growth and retailers reporting improved activity.

“Our card spending data shows a return to growth across a broad range of discretionary categories, though overall spending levels are still very subdued compared to the Covid-era boom.”

Zollner said aside from lower inflation, the slowdown also led to household debt relative to incomes back to where it was before the housing bubble.

“Now we’ve taken our medicine, the stars are aligning for better times ahead.”

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Kiwi skipper dies in sailing accident on round-the-world trip

Source: Radio New Zealand

Lyall Babington was intending to sail Mollie around the world. UK Government

A New Zealand skipper died after being pulled into a faulty winch in the UK.

British authorities released on Friday the findings of their investigation into 74-year-old Lyall Babington’s death.

Babington had set off from New Zealand about three years earlier, intending to sail Mollie around the world.

Babington lived on the 17-metre yacht, recruiting crew members at various ports.

One crew member had been with the vessel for approximately five months, two others had only joined the day prior to the fatal accident.

Lyall Babington Supplied

On 5 August, Mollie had reached the Western Solent on its way to Poole in England when Babington’s hand became caught in a rope as he tried to raise the sail.

“As the winch continued to turn the skipper was progressively pulled tighter onto the winch drum, causing severe injuries to his arm and hand, trauma to his head and chest, and pinning him around the winch,” the report into his death said.

The crew tried to stop the winch using the control switch.

“After a number of attempts the winch stopped turning and the crew assessed the skipper for signs of life. The skipper was unresponsive and tightly wound over and around the winch,” it said.

The crew then raised a ‘Mayday’ and a lifeboat and rescue helicopter were sent to the yatch to try and free Babington from the winch.

“As they did so, and without warning, the winch activated and released the skipper and he fell onto the deck.”

Despite their efforts to revive Babington, he could not be saved.

The cockpit winches. UK Government

A post-mortem examination of the skipper was carried out, the results of which are pending.

A preliminary investigation found the wench had a known defect which sometimes caused it to continue to operate after the control switch had been released.

The powered winch had likely been installed by a small boatyard, and the installation was not mass-produced.

No further action was undertaken by authorities.

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