Source: Maritime NZ
The Auckland High Court has upheld the initial guilty finding and sentence of former Port of Auckland Chief Executive, Tony Gibson, after stevedore, Pala’amo Kalati, was killed at the port in August 2020 by a falling container.
“Our thoughts continue to go out to Mr Kalati’s family and friends, as well as those also impacted by this tragic incident, including the other surviving victim,” Maritime NZ Director, Kirstie Hewlett, said.
Maritime NZ prosecuted Mr Gibson under the Health and Safety at Work Act. He was found guilty after a trial in the Auckland District Court in 2024. Mr Gibson then appealed to the High Court.
“We are pleased to see the High Court has reinforced that Mr Gibson did not exercise his due diligence responsibility to ensure the port complied with its health and safety obligations,” Ms Hewlett said.
“Mr Gibson had the knowledge, influence, resources and opportunity to address safety gaps and ensure that appropriate systems were in place at the port, but failed to do so.
“During his more than a decade managing it, the port company was convicted of several offences under health and safety legislation, including for incidents resulting in fatalities and serious injuries.
“Mr Gibson knew of safety issues around critical risks that could hurt people on the port but he did not take timely action to address them, even though it was in his control and influence to do so.
“It is hoped this case will serve as a strong reminder to chief executives of large companies – they need to understand the critical risks at their businesses, assure themselves through reliable sources that there are controls and systems in place, and verify that these controls and systems are working effectively to improve safety.
“In saying this, I recognise there are many officers in New Zealand who are meeting their health and safety obligations, and they should be confident this decision reaffirms the work they do to keep their people safe at work.”
Maritime NZ will continue to work with WorkSafe NZ and other bodies like the Business Leaders Health and Safety Forum to provide guidance for chief executives, including taking into account any amendments to the health and safety legislation.
Note:
The Health and Safety at Work Act 2015 uses the term “person conducting a business or undertaking” (PCBU). For ease of reading by the general public, Maritime NZ has referred to the PCBU as the “port” in this media release.
The District Court had fined Mr Gibson $130,000 and ordered him to pay costs of $60,000. The High Court upheld the conviction and sentence.
