John MacDonald: We need a one-size-fits-all life jacket rule

How weird is it that there are different rules or expectations regarding life jackets, depending on where you are in the country?  

I’m not the only one who thinks it’s weird. A coroner who has looked into the drownings of a 10-year-old boy and his mother thinks it’s weird too, and is calling for change.  

And instead of local councils being responsible for setting lifejacket rules, she wants there to be a single rule for the whole country making life jackets mandatory on all small boats. Everywhere.  

And I totally agree. I know there’ll be no shortage of people thinking that it’s pointless making life jackets mandatory because, even where you have local councils now saying they have to be worn, there are still people who don’t.  

But this is why a single, blanket rule for the whole country is needed.  

This follows the deaths of 10-year-old Ryder Ferregel and his mum Gemma Ferregel, in November 2022. They were on Auckland’s Manukau Harbour and they were out on a 4.8 metre boat doing some scalloping.  

There were three other people on board the boat and what happened is it was hit by two waves in pretty close succession, and because of that, it capsized.  

At the time, no one on board was wearing a lifejacket. What makes this more tragic —aside from the fact that a woman and her son lost their lives— is that before the boat capsized, Ryder had been wearing a lifejacket but his mum said he could take it off because it didn't fit him properly and was riding up on him.   

So, by the time the boat capsized, there was no one wearing a life jacket. 

And coroner Erin Woolley is saying today that if they had been, Ryder and Gemma would have had a much greater chance of survival. 

And that’s why she wants to see life jackets to be made mandatory on small boats, everywhere. She thinks we need a single rule for the whole country – not just rules set in different areas by different local authorities. 

It would also be clear to people who aren’t boaties what the rule was, giving them licence to call people out for not wearing life jackets.  

For example: you’re at the boat ramp and you see some muppets about to head out with no life jackets – even people in the car park there just watching the boats, they would know what the rule was and they’d be much more likely to say something, wouldn't they?  

What’s more, if there was a single rule for the whole country, it wouldn't be left to local authorities to have local rules that only they can enforce.  

If there was a single life jacket rule for the whole country, the Coastguard —for example— could fine people for not wearing a jacket.  

It's crazy, isn't it, that they can come up to you when you're out fishing and fine you if the fish in your bucket are undersized, but they can’t fine you for not taking the appropriate safety precautions.  

That’s because lifejacket rules are set by local by-laws and it’s the job of the councils to enforce them. Which coroner Erin Woolley wants to see changed. And so do I.   

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Episode Transcript

Speaker 1 (00:06):
You're listening to the Canterbury Mornings podcast with John McDonald
from News Talk ZB.

Speaker 2 (00:12):
There's a question, how weird is it? Do you think
it is? How weird is it that there are different
rules or expectations regarding life jackets depending on where you
are in the country. Now, I'm not the only one
who thinks it's weird. A coroner who has looked into
the drownings of a ten year old boy and his
mother also thinks it's weird and is calling today for change.

(00:36):
And instead of local councils being responsible for setting life
jacket rules, she wants there to be a single rule
for the whole country, making life jackets mandatory on all
small boats everywhere wherever you are, no ifs or butts,
because at the moment there are a lot of ifs
and butts. And I totally agree, and I know there'll
be no shortage of people thinking that it's pointless making

(00:59):
life jackets mandatory, because even where you have local councils
now saying they have to be worn, there are still
people who don't. But this is why a single blanket
rule for the whole country is needed, not just needed,
it's over due. I'll explain why in a minute. But
this all relates to the depths of ten year old
Ryan Faregil and his mum Jemma in November twenty twenty

(01:23):
two though on Auckland's Monaco Harbor, and they were out
on a four point eight meter boat doing some scolloping.
There were three other people on board the boat and
what happened. It was hit by two waves in pretty
close succession. And when you're on a small boat and
that happens, chances are bad things happen. And yes, a
bad thing happened, and the boat capsized, and at the time,

(01:48):
no one on board was wearing a life jacket. What
makes us more tragic, by the way, aside from the
fact that a woman and whose son lost their lives,
is that before the boat capsized, Righter had been wearing
some sort of life jacket. When I say some sort
of life jacket, he was allowed to take it off
because it didn't fit him and it was riding up
on him. So by the time the boat capsized there

(02:10):
was no one wearing life jackets on board the boat.
And coroner erin Woolly she's saying to day that if
they had been Rider and jem would have had a
much greater chance of survival. And that's why she wants
to see life jackets to be made mandatory on small
boats everywhere. Things we need, and I agree with her,
we need a single rule for the whole country, not

(02:32):
just rules set in different areas by different local authorities.
Here in Canterbury, for example, he can sets the rules
which says life jackets must be worn at all times
on craft six meters or less in length, except when
the craft is tied up or at anchor. Do you
know that? I didn't. But then the so called rules

(02:54):
they get all particular about certain things and they start
going on about people having to wear life jackets off
they're crossing a bar if the weather's not great, of
visibilities not great, which, if I sum all of that up,
it sounds pretty wishy, was she at Whereas if there
was one single rule for the whole country which said,
if you're on a small boat, you gotta wear a
life jacket full stop, that'll get rid of all the

(03:15):
wishy washiness, and it would also be clear. This is
that another benefit I see of one rule for the
whole country. It would also be clear to people who
aren't boaties what the rule was, and that would give
them license to call people out for not wearing life jackets,
because unless you go and have a look at the
rules online, you've got no idea to no idea. Now,
for example, you're over at the boat ramp at Charteris

(03:38):
Bay and you see some muppets about to head out
with no life jackets. Now, even people in the car
park there just watching the boats who aren't even boaties.
If we had a single rule, they would know what
the rule was, and they'd be much more likely to
say something, wouldn't they because they would feel empowered. I say, hang,
you know, you know it's compulsory have life jackets, aren't you?

(04:01):
That's what they would do. And what's more, if there
was a single rule for the whole country, it wouldn't
be left alone authorities to have local rules that only
they can enforce if there was. If there was a
single life jacket rule for the whole country, the Coastguard,
for example, could find people for not wearing a jacket.
Oh it's crazy, isn't it that they can? The Coastguard

(04:23):
or the fisheries officers can come up to you when
you're out fishing and check the size of the fish
in your bucket, but they can't find you for not
taking the appropriate safety precautions. That's because life jacket rules
are set by local bylaws and that's the job of
the local councilors to enforce them and it's not compulsory
everywhere in New Zealand to wear them, which coroner Aaron

(04:46):
Woolley wants to see changed, so do I.

Speaker 1 (04:49):
For more from Caterbory Mornings with John McDonald, listen live
to news talks It'd be christ Church from nine am weekdays,
or follow the podcast on iHeartRadio.