Norwegian Jarle Andhoey is heading to the Antarctic without the approval of the New Zealand authorities, who actually tried to stop him until he reached international waters. It is perhaps understandable that he thinks going without permission is not illegal. However, the real problem does come down to legality, but common sense. He already has been known to have gone to Antarctica with poor planning leading to the support Berserk II yacht sinking while he was on the continent with a companion. He has already been criticized for having to be rescued then.
Maybe, going once unprepared can be understandable, as everyone makes mistakes, but it appears he is doing it again and has not learned much from the disaster last year. He is going out of grief with clear intentions of trying to figure out what happened to the Berserk II, but it seems he is not any more prepared than last time and perhaps worse so with the reports of him unknowingly ending up with an extra crew member (see this story).
The Antarctic is harsh even for well-prepared expeditions. There is already a lot of controversy of fishing in the Antarctic and the rescues occurring this season (Sparta and Jung Woo 2). I for one would at least think Jarle Andhoey would be taking greater precautions not just based on his personal experience with tragedy in the Antarctic, but also with these very recent major incidents. Lets just hope his voyage does not get added to the Ship Accidents section of the Antarctic Wiki.