In a landmark ruling, a New Zealand judge has found former Port of Auckland (POAL) CEO, Tony Gibson, guilty of a breach of his duties in relation to the death of a stevedore.
This comes after Maritime New Zealand, the country’s maritime safety regulator, filed two alternative charges against Gibson under the Health and Safety at Work Act 2015 (HSWA) for a breach of his duties as an officer in connection with the death of Pala'amo Kalati, who was killed in an accident while loading containers on a ship berthed at the port.
Judge Stephen Bonnar found in favour of Maritime NZ this week on the charge that alleged that by failing to comply with his duty to exercise due diligence to ensure that the port complied with its duties under the HSWA, Gibson had exposed stevedores to a risk of death or serious injury, namely, the risk of being struck by objects falling from operating cranes.
The port was also charged and earlier pleaded guilty to two charges under section 48 of the HSWA and was given a fine of NZ$561 000 in late 2023.
Maritime NZ Director Kirstie Hewlett said she hoped the decision helped to bring closure to Kalati’s loved ones and the surviving victim, and clarity to the health and safety role of senior officers in large companies.
"I want to extend our deepest sympathies to Mr Kalati’s family, loved ones, and colleagues. And also to the other victim who was working closely with Mr Kalati at the time.
"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. We hope this result provides useful case law and clarification around the obligations, and helps prevent future tragedies."
The Pike River Mine incident was New Zealand's worst mining disaster since 1914, when 43 men died at Ralph's Mine in Huntly in November 2010.
The ruling against Gibson marks the first time an officer of a large complex company has been charged under the HSWA 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," 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 of the port, and taking into account the broader public interest. As with any case it is important to understand the facts that are specific to the case and what a reasonable chief executive would do in that situation."
Maritime NZ said it would take time to consider the judgement as it waited to learn whether Gibson would appeal the ruling.
