Vanuatu's maritime authority calls for ship's captain to be arrested

The Vanuatu Maritime Safety Authority (VMSA) has lodged a criminal complaint over the MV Matui tragedy.

The authority is calling for the captain to be arrested and charged.

The vessel disappeared on 11 September while travelling towards Ambae, with 53 people, including crew listed by families and relatives as having been on board.

Fourteen people have been rescued and two deaths have been confirmed while search and rescue operations continue.

Less John Napuati, VMSA Commissioner, said the complaint was lodged with police on Monday against the vessel's captain, owners and management over alleged breaches of Vanuatu's Shipping Act.

He said the people responsible for the vessel knew, or should have known, that its safety certificate did not allow it to carry passengers without approval.

Vanuatu Maritime Safety Authority Commissioner Less John Napuati has called for the MV Matui captain to be arrested and charged. Photo/Vanuatu Maritime Safety and Authority

"For this voyage or any of the voyages she was engaged in this year, I did not issue any authorisation, nor did any of my staff, for the carriage of any passengers, nor did they seek any dispensation, leading to the loss of life and the vessel," Napuati told local media.

He said VMSA had also issued a marine warning that remained in place for three days but the vessel was still allowed to leave port.

VMSA staff in Luganville had warned the vessel's management on 10 September against overloading and carrying passengers without authorisation, according to the authority.

Luganville (2016) is home to a Vanuatu Maritime Safety Authority office where staff had warned MV Matui’s management about overloading and carrying passengers without authorisation. Photo/CC BY 2.0/wikipedia

When the MV Matui left at about 7.30am (local time) the next day, VMSA said it was carrying so much cargo and so many passengers that its load line was below the waterline.

Napuati said that was dangerous and breached a detention order.

"I want the captain to be arrested and charged under Sections 108(a), (b) and (c) of the Penal Code Act for unintentionally causing the death of the deceased on board MV Matui on 11 September 2026," he said.

The Shipping Act penalties for breaches range from VT6 million (about NZ$88,000) to VT50 million (NZ$735,000).

VMSA said the vessel's management had told the authority on 10 September that seven passengers were expected to travel to Ambae.

A cargo ship can carry up to 12 passengers with authorisation from the Commissioner. If it carries more than 12, it is considered a passenger ship. VMSA said MV Matui had never been classified as one.

Watch footage by Willy Roberto of ni-Vanuatu remembering those who lost their lives.

The tragedy has also exposed concerns about the resources available to the authority responsible for maritime safety.

VMSA said it does not have a dedicated budget for the search and rescue operation, with the cost estimated at about NZ$102,000.

The government has now moved responsibility for VMSA from the Ministry of Fisheries, Ocean and Maritime Affairs to the Prime Minister’s Office. The move is aimed at strengthening the authority’s coordination and resources.

Prime Minister Jotham Napat has also cancelled his planned trip to the United Nations General Assembly in New York to remain in Vanuatu as the search continues and questions grow over how the tragedy happened.

VMSA said it could not have staff present at every vessel departure, saying responsibility for passenger safety rests with the captain and management.

The Vanuatu Daily Post reported the VMSA office in Luganville is understaffed and lacks adequate resources to fully enforce the country's maritime safety laws.

Vanuatu Prime Minister Jotham Napat has cancelled his planned trip to the United Nations as search and rescue efforts continue following the MV Matui tragedy. Photo/DFAT

Meanwhile, PENAMA Province has declared a period of mourning and unity following the tragedy.

PENAMA Day celebrations scheduled for 17 September have been postponed and the provincial flag will be flown at half-mast.

Police in Saratamata, Ambae, will also provide security support to the ship owner's family and property while the provincial government has called on people to respect the privacy, property and cultural mourning practices of affected families.

Christion Tukunamoli, PENAMA Provincial Secretary General, said the decisions recognised the loss suffered across the province.

"During this difficult time, we stand together as One PENAMA," he told journalists.

Search and rescue operations remain under way as families continue to wait for news of those still missing.