Boat company charged a year after Tongan man died falling overboard

An Auckland charter boat company has been charged over the death of a Tongan man who fell overboard during a 30th birthday cruise a year ago.

Tevita Kava, 29, fell overboard during the Waitematā Harbour excursion on a Red Boats charter on June 3 last year.

His body was found in water near Te Atatū nine days later.

This week, Maritime New Zealand filed a charge against The Red Boats Limited under the Health and Safety at Work Act, according to the New Zealand Herald.

The company is charged will "failing to comply with duty that exposes individuals to risk of death or serious injury or serious illness".

Kava's cousin, Ngaire Speedy, said the family were still deeply grieving Kava.

Family had initially kept the fact he had a 10 year old daughter quiet, to protect her.

But they now wanted people to know the little girl was among those affected by the tragedy.

"She's doing all right. She lives in [Kava's native] Tonga and she's finally accepted it but I think we won't tell her about the court [charge] ... until the end."

Kava was standing at the back of the charter boat during an evening cruise when he fell backwards into the water.

At the time, friends on board said Kava fell when a ramp gave way.

Red Boats owner Andrew Somers said at the time the ramp wasn't broken and staff had later tested it.

He didn't know how the ramp, usually locked and tied in place, became unlocked and untied, Somers said last June.

The matter is before the coroner, and an inquest will take place at a later date.