Auckland police are meeting with Maritime New Zealand officials on Tuesday to discuss whether or not to lay charges against the skipper of a fatal fishing trip near Waiheke Island.
Jeffrey Erik-Peleti, 36, and 34-year-old Piira Aretio drowned and five others had to be rescued when their four-metre dinghy capsized in rough conditions on Saturday.
None of the men were wearing life-jackets.
A Maritime New Zealand spokesperson says the skipper may be charged with dangerous activity involving a ship under Section 65 of the Maritime Act.
The offence carries a penalty of up to a year in jail or a maximum $10,000 fine.
The decision about charging the skipper is likely to be made by Friday.