“At Your Own Risk.”

Patea Mail, 23 June 1882, Page 3

“At Your Own Risk.”

A discussion of some interest took place at the Harbor Board’s last meeting. Captain Gibbons‘(Wakatu) and the Pilot were both questioned as to the complaints from insurers and from the Patea Steam Shipping Coy. respecting the signal to “ take the bar at your own risk.” Letters sent to the Board showed that the parties were anxious and uncertain as to their legal responsibility in case of accident while the steamer was crossing the bar* not by the pilot’s usual signal, but “at your own risk.” Captain Gibbons was asked several questions by Mr Coutts, chairman. Have you been in the habit of coming in at your own risk ? Captain Gibbons : No, sir. Is this the only time that signals have been given to cross at your own risk ? Captain : The only time. Do you consider the Wakatu a suitable vessel for the Patea bar during neap tides ? Captain : I decline to answer that. It is not for me to say whether she is suitable or not.

Do you consider the Harbor Board have sufficient appliances in case of accident ? Captain : I have never seen at any bar harbor any appliances except at Patea. Mr Peacock wished to put some questions, but the Chairman asked him to wait til) he had finished questioning. Mr Peacock : Are these questions from the Chairman or from the Board ? 1 stand here to be ruled on that. Chairman : Allow me to—— Mr Peacock : I have got a position here, and I will hold it.

Chairman : If you will just sit down for a few’ minutes, each member will have an opportunity.

Mr Peacock : Before sitting down, am I out of order in asking why you put these questions—l will say these serious questions ? Chairman ; These questions are entirely my own suggestion. Mr Peacock: Then they are not the Board’s.

Chairman ; Are you, Captain Gibbons, in the habit of taking soundings in crossing the bar; Captain : Yes. Do you inform the pilot of the depth on the bar ?

Captain : Yes, if I see him I tell him the depib but I don’t signal the depth.

Chairman invited members to put any questions they wished. Mr G. W. Gane : Did the pilot ever ask you for soundings, and did you ever refuse them ?

Captain : Distinctly, I never refused them to him.

Mr Peacock : In your long working of vessels at this port, can you tell the Board wherein the pilot has made gross failures?

Captain : No ; I never saw him make any failures whatsoever. Mr Peacock : I hope that will be taken down. Do you think the pilot sufficiently qualified to bring a vessel in or take one out ?

Captain : I think your present pilot is the best pilot on the Coast, as I have always said. He is most attentive, and is also as competent as any on the coast; thoroughly competent. That is during nearly eight yeax’s’ experience of Patea. Mr Peacock : Do you think that the pilot, representing the Harbor Boai’d, was the whole means of wrecking the Patea steamer ?

Captain : I decline to answer that question, most decidedly. Mr Peacock : Do you believe the pilot had never meant to do his best for the place ?

Captain : I think be has been doing his best for the place. Mr Peacock: Do you think the pilot was wrong in bringing the Patea steamer in?

Captain : I know nothing about it. I was absent at the time.

Mr Gane : Don’t you think, when the pilot signals for you to come in, that he takes all responsibility after that, in case of shipwreck ? Captain: No. Things that cause a shipwreck are out of a pilot’s control. Mr Gane: But if there was not depth of water sufficient?

Captain : No responsibility lies on the pilot, but it would exonerate me as captain.

The Pilot, Mr Wood, then asked questions of the Captain to show that the Pilot trusted to his own daily observation as to the depth on -the bar, and not to what captains might tell him. He said :

I don’t go by what I hear. I find the depth for myself by daily observation and at times with great risk to myself, for the good of the place.

Mr Horner: Is it usual, Captain, at any other port for a pilot to signal ‘* at your own risk ?”

Captain: I have never had it given to me before, anywhere.

Mr Adams: Have you heard of it being given at any other port? Captain : No.

Mr Adams : Have you formed any idea why the signal was given on this occasion ? Captain: I thought that, as the Wakatu is rather an awkward boat to handle over the bar, and the tides being rather low, the pilot wished to err on the right side. I should say it was simply an error of judgment. I would not have taken the bar that day if I had not had a lot of horses ahd passengers on board. Mr Peacock : You speak of an error of judgment. I suppose you took the responsibility on your own shoulders ? Captain : I did.

Pilot then gave his reasons (in reply to Mr Horner) for giving the signal as he did. He said : I think I asked the captain the draught, and being neap tides, and having seen the Wakatu on one occasion take a very heavy run-—indeed the last run was at the rate of 20 knots an hour —having seen that, I thought if such a thing should occur at neap tides, it might set her on the spit, as she is not a boat to come here at all times at neap tides, on account of her length, and single screw. For these reasons I gave the signal “ At your own risk ’’—not exactly to hoist the danger signal, but to make the captain understand (though I may have erred in judgment) that there was a joint responsibility in corning in ; that if he could keep in the channel he would be all right.

Mr Horner ; Then did you consider the bar dangerous ? Pilot: No ; not altogether dangerous. Patea is an exceptional place. The bar itself, even with the Wakatu, is not dangerous. The bar is always right. The danger is in entering between the wall and the west spit ; and if a vessel can be kept from running with a sheer on, everything is right. On a former occasion, when the Wakatu was owned by Crosse Brothers, I asked Captain Evans to try and not bring the Wakatu here at the lowest tides. There would be ample water, but the risk would be great. Mr Adams : Is there any instruction to signal a captain to take the bar at his own risk ?

Pilot; No. In the old days before the breakwater, a vessel would shoot over the bar and let go the anchor inside ; and I have towed as many as three vessels in at a tide, with horses. If I had signalled bar dangerous, there would have l>een no trade in those days. When I gave Captain Gibbons that signal the other day, I also went down to guide him in as best I could.

Pilot: As to the letter from the Shipping Company, one passage says I was strongly and justly reprimanded by the late Court of Inquiry. That is a malicious way of writing, because a statement of that kind was never made in the inquiry. Chairman : It is needless to go into that.

Pilot : As. to the Lyttelton steamer, mentioned in the letter, I never did signal “ bar dangerous ” to that steamer.. I signalled to keep to sea. I understood she was deep laden at 5 feet, and was not easy to handle on the bar. There were 8 feet of water on the bar-ample depth for the Lyttelton; but there being a south-east gale, I thought there was too much of a risk, and I kept her to sea. She came in the following day, in a calm ; but the captain would not trust to his own boat, but actually engaged the Clyde to tow her in. Therefore was I not justified in keeping that boat out in a south-east gale. She did not come in, as that letter states, in opposition to my signal, Mr Adams ; Do you think the Lyttelton could have come in on that occasion ? Pilot: Yes, but she would have gone ashore on account of the set of the current. It is not so much the draught, as the length and handiness of a vessel in entering between the wall and the west spit.

Discussion followed as to the pilot’s duty and the instruction which ought to be given in future. The Board ultimately resolved :

“ That this Board disapproves of any departure from bar or danger signals contained in Harbor Regulations for New Zealand ports made by order in Council dated June 1868 ; and that a copy of this resolution be forwarded to Mr Wood the pilot.” A letter to this effect was ordered to be sent to the Patea S.S. Company.