FORMER Ports of Auckland CEO Tony Gibson has been found guilty in relation to the death of a stevedore in 2020.
Safety regulator Maritime NZ charged Mr Gibson in 2022 under the Health & Safety at Work Act 2015, after stevedore Pala’amo Kalati was crushed by a container during cargo operations at the port two years earlier. Mr Gibson stepped down from his role at POAL in 2021. He faced trial in the Auckland District Court earlier this year.
Maritime NZ had alleged that Mr Gibson exposed POAL stevedores to risk of death or serious injury (namely the the risk of being struck by objects falling from operating cranes) by failing to exercise due diligence to ensure the port complied with its duties under the act.
Judge Steve Bonnar found in favour of Maritime NZ on the charge, announcing his decision this week.
Maritime NZ director Kirstie Hewlett said she hopes the decision brings clarity to the health and safety role of senior officers in large companies.
“The law Mr Gibson was prosecuted under was introduced following the Pike River tragedy to ensure officers of large companies take responsibility for the health and safety of their workers,” Ms Hewlett said, referring to the 2010 mine explosion which killed 29 men.
“We hope this result provides useful case law and clarification around the obligations, and helps prevent future tragedies.”
This was the first time an officer of a large, complex company had been charged under the Health and Safety at Work Act 2015, for a breach of health and safety duties.
“Once we have time to [consider] the judgment we will work with WorkSafe NZ and the Institute of Directors to see whether the insights in the case could usefully be used to further support those in officer roles to understand their responsibilities,” Ms Hewlett said.
“It is important to recognise that many officers in New Zealand take health and safety seriously and that this case was only taken after considering the harm caused, the compliance history on the port, and taking into account the broader public interest.
“As with any case it is important to understand the facts are specific to the case and what a reasonable chief executive would do in that situation.”
POAL was also charged and previously pleaded guilty to two charges under section 48 of HSWA and was sentenced in late 2023 to a fine of NZ$561,000.
The Maritime Union of New Zealand, which had called for Mr Gibson’s resignation, said new management at POAL have taken “a positive approach” to engaging with workers and the union to develop a code of practice for safety in stevedoring.
