Central Otago police attended a jet boat incident on the Clutha River north of the Luggate Bridge on Sunday, where one of two intoxicated parties ended up in the water.

Senior Constable Graham Perkins said the jet boat driver lost control and the vessel overturned, with people needing to be rescued.

A nearby boaty was called by a man up a tree who had spotted people in the water, and the people were safely retrieved from the river.

“All parties including the rescuer were intoxicated,” Snr Const Perkins said.

But they refused to give their details and obstructed police in their job, he said.

A loophole in the law meant authorities were powerless to prosecute intoxicated boaties - even though it was illegal and dangerous to operate a vessel under the influence of alcohol.

Alcohol use on boats was a national issue but police were limited in what they could do - however the harbourmaster could prosecute drivers for operating a boat in a manner that caused unnecessary danger, under section 65 of the Maritime Transport Act.

The Queenstown Lakes District Council has a Wanaka-based crew that oversees boating regulatory functions in the area.

Waterways regulatory services manager Craig Fahey confirmed the incident would be followed up and looked into, but it was up to the harbourmaster to determine if anyone would be prosecuted.

Vessel drivers were also obligated to report incidents on the water to Maritime New Zealand. In Australia, boaties have to be licensed, but this was not the case in New Zealand.

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